Really Easy Tools Terms of Service

Thank you for choosing Really Easy Tools!

By using the Really Easy Tools web site and associated tools ("Service"), a service of Really Easy Tools by Qrayon, LLC. ("Really Easy Tools"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

As the pace of technology continues, Really Easy Tools reserves the right to innovate on, upgrade and change the Service, as well as to update the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.ReallyEasyTools.com/tos.aspx

Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.

Account Terms
1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your access to the Service.
4. Your login may only be used by up to three people employed at your company – sharing your login outside your company is not permitted.
5. You are responsible for maintaining the security of your account and password. Really Easy Tools cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for integrating all code received from Really Easy Tools into your web site.
7. One person or legal entity may not maintain more than one free account.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms
1. You expressly understand and agree that Really Easy Tools shall not 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 Really Easy Tools has been advised of the possibility of such damages), resulting from your use of the Really Easy Tools online service, API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to Really Easy Tools via the service or API may result in the temporary or permanent suspension of your account's access to the API. Really Easy Tools, in its sole discretion, will determine abuse or excessive usage of the service or API. Really Easy Tools will make a reasonable attempt via email to warn the account owner prior to suspension.
3. Really Easy Tools reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the service or API (or any part thereof) with or without notice.

Payment and Refund Terms
1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. Your purchase of Service usage time are billed immediately and is non-refundable. There will be no refunds or credits for partial usage of Service, unused usage time or partial account usage.
3. All payment processing is handled through the PayPal payment systems for security. Really Easy Tools does not database, file or keep records of any credit card data on its servers or web site.
4. 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.

Cancellation and Termination
1. The Service is billed on a subscription basis. To cancel or terminate the Service you need to simply cancel the subscription from your PayPal account, stop using the service and remove all Really Easy Tools code from your web site.
2. Really Easy Tools, 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, or any other Really Easy Tools service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the refunding of the unused portion of your subscription. Really Easy Tools reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices
1. Really Easy Tools reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Really Easy Tools Site (www.ReallyEasyTools.com) or the Service itself.
3. Really Easy Tools shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership
1. Really Easy Tools retains all copyrights, ownership and intellectual property rights to all product code and services provided within the Really Easy Tools web site and service offerings.
2. Any user submitted suggestions, ideas, comments, feature requests, improvement submissions or other product concepts, ideas or designs communicated to Really Easy Tools will be considered intellectual property of Really Easy Tools. Really Easy Tools reserved the right to develop, distribute and commercialize any such idea, concept, design, feature request or improvement for its own benefit with no encumbrances from the originator. By submitting such information to Really Easy Tools you agree to this provision and waive all claims, rights or other ownership to such information.
2. Really Easy Tools and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is currently available via the Service.

Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Really Easy Tools has no control over such sites and resources, you acknowledge and agree that Really Easy Tools is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Really Easy Tools shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Really Easy Tools’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Really Easy Tools, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Really Easy Tools grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by Really Easy Tools for use in accessing the Service.

Usage of Trademark Information
1. Really Easy Tools, Really Easy Appointments, trademarks and service marks, and other Really Easy Tools logos and product and service names are owned by and /or trademarks of Really Easy Tools (the Really Easy Tools Marks). Without Really Easy Tools's prior permission, you agree not to display or use in any manner, the Really Easy Tools Marks.
2. As a registered user of the Service, you do hereby grant Really Easy Tools express permission to display your company’s trademarks and service marks within the Really Easy Tools web site and marketing materials, print or otherwise, to acknowledge your status as a client and/or user of the Service.

Release; Limitation of Liability
Other than as set forth herein, Really Easy Tools is not directly involved in the actual transaction between you and anyone using the Service being hosted for you (your "Customer(s)"). Really Easy Tools has no control over the quality or legality of the appointments made, the truth or accuracy of the information submitted by users. Really Easy Tools cannot ensure that your Customers will honor their appointments or other commitments. Because we are not involved in the actual direct transaction between you and your Customer, in the event that you have a dispute with one or more Customers, you release Really Easy Tools (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Our Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Really Easy Tools by this Agreement. This Agreement is between Really Easy Tools and you and is not intended to be for the benefit of any third party.

Jurisdiction; Governing Law
This Agreement shall for all purposes be governed, interpreted, construed and enforced in accordance with the law of the State of Washington, USA. You hereby agree that the courts located in Seattle, Washington, USA shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with the use of the Service and you hereby consent to the jurisdiction of such courts and irrevocably waive any objections thereto. In any action to enforce the provisions of these Terms and Conditions, the prevailing party shall be entitled to costs and attorneys fees. Regardless of where you access the Service, you agree to comply with all applicable laws of the United States of America, including those regarding the export of data and software. You are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of the Service.

Notice
Really Easy Tools may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Really Easy Tools’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Really Easy Tools’s account information. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Really Easy Tools (such notice shall be deemed given when received by Really Easy Tools) at any time by email to support@ReallyEasyTools.com.

General Conditions
1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. Technical support is only available via email (we try to respond within 1-3 hours).
3. You must not modify, adapt or hack the Service or modify another web site so as to falsely imply that it is associated with the Service, Really Easy Tools, or any other Really Easy Tools service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Really Easy Tools.
5. We may, but have no obligation to, remove accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Really Easy Tools customer, employee, member, or officer will result in immediate account termination.
7. You understand that the technical processing and transmission of the Service, including your information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not transmit any worms or viruses or any code of a destructive nature through the Service or any of the Service code.
9. If your bandwidth usage exceeds 350 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Really Easy Tools) of other Really Easy Tools customers, we reserve the right to immediately disable your account or throttle your usage until you can reduce your bandwidth consumption.
10. Really Easy Tools does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11. You expressly understand and agree that Really Easy Tools shall not 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 Really Easy Tools has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
12. The service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Really Easy Tools is not responsible for any delays, delivery failures, or other damage resulting from such problems.
13. The failure of Really Easy Tools to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Really Easy Tools and govern your use of the Service, superceding any prior agreements between you and Really Easy Tools (including, but not limited to, any prior versions of the Terms of Service).
14. You agree that your Really Easy Tools account is non-transferable and any rights to your Really Easy Tools account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
15. 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 the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
17. Questions about the Terms of Service should be sent via email to support@ReallyEasyTools.com.

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