Terms of Service - Subscription Agreement
1. DESCRIPTION OF PRODUCT. eZ-Xpo On-Demand allows individuals and organizations to easily conduct training, present information and demonstrate products online, thereby improving communication with employees, partners, customers and prospects.
2. REGISTRATION. To use the Product, You must submit a complete eZ-Xpo On-Demand registration, which is available at https://www.eZ-Xpo.com/, on Your behalf.
As part of the registration process for the Product, You agree to: (1) provide certain limited information about You as prompted to do so by the Product (such information is 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 eZ-Xpo discovers that any of Your Registration Data is inaccurate, incomplete or not current, eZ-Xpo may terminate Your right to access and receive the Product immediately upon notice. eZ-Xpo will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. eZ-Xpo may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Product. eZ-Xpo reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. eZ-Xpo needs not provide a reason for its rejection. If eZ-Xpo rejects Your application, then You may reapply and eZ-Xpo 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 eZ-Xpo, 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 eZ-Xpo and will become a subscriber to the eZ-Xpo On-Demand Service.
(a) Description of Service. eZ-Xpo On-Demand allows the registered user to easily conduct training classes or virtual classrooms, present information and demonstrate products online, thereby improving communication with employees, partners, customers and prospects. eZ-Xpo makes the eZ-Xpo On-Demand 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 sign in with login userid and password.
Each participant that you wish to invite to your virtual classroom must also maintain a connection with the Internet.
(b) Fees and Payments. You can always find the current Subscription Fees and charges posted under My Account on the eZ-Xpo On-Demand Web site. Your subscription will continue and renew automatically unless terminated by eZ-Xpo or until You notify eZ-Xpo of Your decision to change Your subscription renewal. For cancellation policy, please refer to section 8 below. 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 eZ-Xpo.com, or subsequently designated to eZ-Xpo 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 eZ-Xpo On-Demand (including any applicable taxes) at the rates in effect when the charges were incurred. eZ-Xpo 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 user name and password will be billed to the credit card designated during the registration process for eZ-Xpo. You also are responsible for any fees or charges incurred to access eZ-Xpo.com through an Internet access provider or other third party service. YOU, AND NOT eZ-Xpo, 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.
(c) Credit Cards. As a condition to your right to use the Service, 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 eZ-Xpo, 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. 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.
(d) Trial Offers, Coupons, Credits and Special Offers. eZ-Xpo reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. We encourage the use of our service through free trials. To view the specific details regarding your free trial, if any, please visit your My Account page. The Free Trial offer associated with eZ-Xpo On-Demand entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer.
We will NOT begin billing your credit card for a monthly subscription at the end of your free trial period unless you sign up the plan prior to or after the end of your free trial.
(e) Subscription Renewals. Your eZ-Xpo subscription will be automatically renewed unless you change your selected subscription option prior to the end of your current subscription period. Your subscription options are located under My Account on the Billing Information page. For your convenience, we will bill the subscription fee to the credit card you provided to us during registration (or to a different credit card if you make a change to your account information). Please contact our Customer Care department if you need assistance in updating your subscription options, making a change to your plan.
4. USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Use of the Product. Your right to use the Product 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 Product, any downloadable plug-in or other materials or any information obtained by You without the express written consent of eZ-Xpo.
(b) Conduct. You are solely responsible for the content of Your transmissions through the Product. eZ-Xpo does, however, reserve the right to take any action with respect to the Product that eZ-Xpo deems necessary or appropriate in eZ-Xpo sole discretion if eZ-Xpo believes You or Your transmissions or use of the Product may create liability for eZ-Xpo. Your use of the Product 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 Product; (2) not to use the Product for illegal purposes; (3) not to interfere or disrupt networks connected to the Product; (4) not to use the Product 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 Product, 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 Product.
(c) Proprietary Rights. In accordance with Your authorized use of the Product, eZ-Xpo grants You a limited license to use the plug-in solely in connection with the Product offered by eZ-Xpo. Further, eZ-Xpo On-Demand and the eZ-Xpo logo, and other names, logos, icons and marks identifying eZ-Xpo products and services are trademarks of eZ-Xpo and may not be used without the prior written permission of eZ-Xpo. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the Software license granted to You (in whole or in part) or create derivative works of eZ-Xpo technology without expressly being authorized to do so by eZ-Xpo. If You are not the purchaser of the software license from eZ-Xpo, you are not authorized to install or otherwise use the software or services to host virtual trainings or classrooms. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the eZ-Xpo technology. All rights not expressly granted in these Terms are reserved to eZ-Xpo.
6. MODIFICATIONS. eZ-Xpo may amend these Terms at any time by (i) posting a revised Terms of Service document on https://www.eZ-Xpo.com, and/or (ii) sending information regarding the Terms amendment to the email address You provide to eZ-Xpo. You are responsible for regularly reviewing the https://www.eZ-Xpo.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, eZ-Xpo reserves the right to modify or discontinue the Product with or without notice to You. eZ-Xpo shall not be liable to You or any third party should eZ-Xpo exercise its right to modify or discontinue the Product.
7. PASSWORD AND SECURITY. As part of the registration process, You will use Your email address as Your user name and You will choose Your passwords for access to this account and to your designated computers. 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 eZ-Xpo of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its password or account information has been stolen or otherwise compromised.
8. TERMINATION. eZ-Xpo may immediately terminate Your membership and right to use the Product if (a) You breach these Terms; (b) eZ-Xpo is unable to verify or authenticate any information You provide to eZ-Xpo; (c) such information is inaccurate; or (d) eZ-Xpo decides, in its sole discretion, to discontinue offering the Product. eZ-Xpo shall not be liable to You or any third party for termination of the Product. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to eZ-Xpo. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, Your sole recourse is to immediately: (a) discontinue use of the Product; (b) terminate your membership; and (c) notify eZ-Xpo of termination. Upon termination of membership, Your right to use the Product immediately ceases.
Cancellation Policy. At any time, either party may cancel a user's eZ-Xpo account for any reason. The user must request cancellation by logging into their account and going to Cancel My Account within the Settings or by emailing us at
. Amounts paid are not refundable. Subscriptions to our service are pre-paid. As such, any cancellations that occur in the middle of a payment term (month, quarter, or year depending on payment schedule) will be made effective on the final day of the prepaid term. A confirmation email from the email address on record is required to complete the cancellation.
Credit Card Expirations or Declines. Please note that allowing a credit card to expire or not submitting payment by check regardless of invoice receipt status will not automatically cancel your account as we maintain all account data, allow subscriptions to occur, and allow you access to your account. You will remain responsible for paying the monthly charge, which will accrue to your account, until we receive a cancellation notice.
We will send notice to the email on record if a card is declined. We may also follow-up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within 3 months.
9. 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. eZ-Xpo 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. eZ-Xpo MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES eZ-Xpo 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 PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) 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 eZ-Xpo 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.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL eZ-Xpo 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 eZ-Xpo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. eZ-Xpo LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO YOUR MONTHLY SUBSCRIPTION. 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.
11. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold eZ-Xpo 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 eZ-Xpo 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.
12. 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 San Francisco 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. eZ-Xpo failure to act with respect to a breach by You does not waive eZ-Xpo 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. eZ-Xpo shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond eZ-Xpo 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.
As a subscriber to eZ-Xpo portal, you have read, understand and agree that you are solely responsible for periodically reviewing the Terms of Service. You must report any violations of these Terms. To do so, send an email to