IMPORTANT - READ CAREFULLY:
1. DESCRIPTION OF SERVICE.
The Service provided by ETI allows You to access ETI-owned and third-party-owned content hosted by ETI for the purposes of performing business transactions with the content provided herein. The Service may also include the ability to access data hosted by third-parties or hosted by You for the purposes of performing business transactions with the data.
To use the Service, You must submit a complete ETI Quik! registration form, which is available at https://www.quikforms.com (the 'Registration Form'), on Your behalf. As part of the registration process for the Service, You agree to: (1) provide certain limited information about You as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ('Registration Data'). If ETI discovers that any of Your Registration Data is inaccurate, incomplete or not current, ETI may terminate Your right to access and receive the Service immediately upon notice. ETI will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. ETI may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. ETI reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. ETI need not provide a reason for its rejection. If ETI rejects Your application, then You may reapply and ETI will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to ETI, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with ETI and will become a subscriber to the Quik! Service.
- Description of Service. Quik! provides the registered user with access to content hosted by ETI. ETI makes the Quik! Service available under a number of different subscription plans. Please confirm that the plan for which You are registering meets Your needs by reviewing the 'product information pages.' To use the Service you will need to log in at www.quikforms.com and for certain Services, you may need to download Quik! software. Using the Quik! Services requires an active internet connection.
- Fees and Payments. You can always find the current Subscription Fees and charges posted under My Account on the Quik! Web site. Your subscription will continue and renew automatically unless terminated by ETI or until You notify ETI of Your decision to change Your subscription renewal. For cancellation instructions, log in to your account and click on the Billing Info section of your My Account page. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated during the registration process for QuikForms.com, or subsequently designated to ETI at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with Your subscription for QuikForms.com (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable except when a refund request is made within five (5) days of the purchase date for monthly service plans or within fifteen (15) days for annual plans, unless otherwise stated in the product agreement. ETI may change the fees and charges then in effect, or add new fees or charges, by giving You notice in advance. All fees and charges incurred in connection with Your master customer account will be billed to the credit card designated during the registration process for QuikForms.com or subsequently designated to ETI. You also are responsible for any fees or charges incurred to access QuikForms.com through an Internet access provider or other third party service. YOU, AND NOT ETI, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This Agreement is personal to You, and You may not assign Your rights or obligations to anyone.
- Credit Cards. ETI accepts payments by check, ACH/Debit, EFT, VISA, MasterCard and American Express. Payment by credit card is subject to a 2% convenience fee for billed amounts that are $2,000 or higher. As a condition to your right to use any Service that costs less than $500 per billing period, You must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize ETI, from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with You. ETI does not accept debit cards for payment of Service Fees. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this Agreement to your debit card account. If the Service costs more than $500 per billing period or $1,000 per year, ETI can provide you with an invoice to be paid by check 30 days before a new billing period begins.
- (d) Trial Offers, Coupons, Credits and Special Offers. ETI reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with Quik! entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer. At the end of the trial period You will be automatically subscribed and we will bill your credit card for the fees to the Service plan You selected at registration or to a default Service plan for trial subscribers selected by ETI. If You wish to terminate the trial and do not wish to subscribe to a plan, You must cancel before the end of your trial period. For cancellation instructions, log in to your account and click on the Billing Info section of your My Account page.
Returns For Physical Goods. If you purchase a physical good from ETI (i.e.g the item required shipping, which excludes software and services) then this section applies to those goods. ETI offers a 30-day money back guarantee on all purchases whereby we refund 100% of the product total (including sales tax, if applicable). We do not refund shipping charges and all return shipping costs are your responsibility. It is your responsibility to return the items in good and acceptable condition. ETI does not send out return labels, return packaging, and a return authorization is not required. Simply send the item back in its original package with documentation from the original purchase including at least one of the following: packing slip, invoice, sales order reference number, receipt or proof of payment. Refunds are only issued after the items have been received back in good condition. All refunds are issued back to the original credit card used for the purchase.
4. USER CONDUCT AND PROPRIETARY RIGHTS
- No Resale or Commercial Use of the Service. Your right to use the Service is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Service, any Software or other materials or any information obtained by You without the express written consent of ETI.
- Conduct. You are solely responsible for the content of Your transmissions through the Service. ETI does, however, reserve the right to take any action with respect to the Service that ETI deems necessary or appropriate in ETI's sole discretion if ETI believes You or Your transmissions or use of the Service may create liability for ETI. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Service, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Service.
- Proprietary Rights. In accordance with Your authorized use of the Service, ETI grants You a limited license to use Quik! Software solely in connection with the Service offered by ETI. You acknowledge that the Software used in connection with the Service is proprietary to ETI and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this Software as expressly authorized by the Service and these Terms. Further, Quik!, ETI and the ETI logo, and other names, logos, icons and marks identifying ETI's products and services are trademarks of ETI and may not be used without the prior written permission of ETI. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. You may not copy, reproduce, distribute or create derivative works of this Software without expressly being authorized to do so by ETI. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the Software. All rights not expressly granted in these Terms are reserved to ETI.
- Proprietary Content. If You provide any Content to ETI in the form of PDF documents and data related to PDF documents for the express purpose of making such documents work with ETI software and solutions, then You agree to the following:
- to allow ETI to distribute those documents to your users and related users according to the form distribution rules you establish with ETI, if any (by default end-user forms will only be available to the end-user customer account and forms provided by product companies will be made public to all users).
- to provide ETI with any updates to the document in a timely manner, recommended 10 business days before the same document is published elsewhere
- to allow for up to 30 days to build and make the form available for use, unless you have a service level agreement that indicates otherwise
- that ETI retains all intellectual property rights to the programming logic applied to the document
- that you retain all intellectual property rights to the original content provided with the document
- by providing any document to ETI you are guaranteeing that you are the owner of and have the right to provide the document to ETI.
- that you are responsible for the accuracy, correct usage or correct setup of a given document
- that ETI will secure the document with 128-bit encryption to prevent users from modifying the content of the document
- to pay any and all charges related to making the document available to end-users of the Services, according to the amount quoted, if any, prior to the document being publishedCharges for adding Proprietary Content are quoted on a per document basis or via a Forms Service Level Alliance Agreement.
ETI may amend these Terms at any time by (i) posting a revised Terms of Service document on https://www.quikforms.com and/or (ii) sending information regarding the Terms amendment to the email address You provide to ETI. You are responsible for regularly reviewing the https://www.quikforms.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, ETI reserves the right to modify or discontinue the Service with or without notice to You. ETI shall not be liable to You or any third party should ETI exercise its right to modify or discontinue the Service.
7. PASSWORDS AND SECURITY.
As part of the registration process, You will use provide a valid email address in order to receive your password for access to this account. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify ETI of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.
ETI may immediately terminate Your membership and right to use the Service if
- (a) You breach these Terms;
- (b) ETI is unable to verify or authenticate any information You provide to ETI;
- (c) such information is inaccurate; or
- (d) ETI decides, in its sole discretion, to discontinue offering the Service.
ETI shall not be liable to You or any third party for termination of the Service. You may terminate Your Account and end Your use of the Service at any time, for any reason or for no reason. For cancellation instructions, log in to your account and click on the Billing Info section of your My Account page. Upon termination of Your account, You shall remain liable for all fees incurred or accrued by You and any fees you may have paid in advance are nonrefundable. Upon expiration or termination for any reason, You are no longer authorized to use the Service or Software. When this Agreement is terminated and/or Your Account is canceled, You will no longer have access to data and other material You have stored on the Site and that material may be deleted by ETI.
9. MAINTENANCE AND UPDATES.
You understand that ETI may update the Software at any time, but is under no obligation to inform You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Software or supporting documentation. To the extent that ETI supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless ETI indicates otherwise. ETI reserves the right to charge fees for any future versions of, or updates to, this Software.
10. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' BASIS. ETI 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. ETI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES ETI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING SOFTWARE AND CONTENT) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ETI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ETI OR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF ETI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ETI'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID FOR THE LAST ACTIVE SERVICE PERIOD THAT OCCURRED WITHIN THE PRIOR TWELVE (12) MONTHS BEFORE A CLAIM IS MADE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You hereby agree, at Your expense, to indemnify, defend and hold ETI harmless from and against any loss, cost, damages, liability or expense arising out of or relating to
- (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You;
- (b) any fraud or manipulation, or other breach of these Terms by You; or
- (c) any third-party claim,
action or allegation brought against ETI arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
13. GENERAL TERMS.
These Terms are governed in all respects by the laws of the State of California as such laws are applied. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to these Terms shall be brought in a court in Los Angeles County, California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. ETI's failure to act with respect to a breach by You does not waive ETI's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. ETI shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond ETI's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered
- (i) by hand;
- (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12;
- (iii) by overnight courier or
- (iv) by electronic mail with confirming letter mailed under the conditions described in (ii).
Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service.