E WORKFORCE PAYROLL INC. – TERMS AND CONDITIONS
Last Updated: 11-12-2025
ACCEPTANCE OF TERMS; BINDING ARBITRATION; CLASS ACTION WAIVER
E WORKFORCE PAYROLL INC. (“E WORKFORCE PAYROLL,” “we,” “us,” “our,” or “Company”) provides a cloud-based payroll processing platform and related services (the “Services”) accessible via https://app.eworkforcepayroll.com/account/login and its website at https://eworkforcepayroll.com (the “Site”). YOU’RE ACCESS TO AND USE OF THE SITE AND SERVICES IS EXPRESSLY CONDITIONED UPON YOUR FULL, UNCONDITIONAL, AND IRREVOCABLE ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SITE OR SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ALL INCORPORATED POLICIES (COLLECTIVELY, THE “AGREEMENT”), WHICH CONSTITUTES A LEGALLY BINDING AND ENFORCEABLE CONTRACT BETWEEN YOU AND E WORKFORCE PAYROLL INC.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 14. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
- Definitions and Interpretation
1.1. “Client” refers to the business entity that has contracted with E WORKFORCE PAYROLL for the use of the Services.
1.2. “User” means any individual granted access to the Services by a Client, including the Client’s employees, contractors, and agents.
1.3. “Client Data” means all electronic data, information, and materials submitted by or on behalf of a Client or its Users to the Services.
1.4. “Content” means all information, data, text, software, sound, photographs, graphics, video, messages, and other materials available on the Site or through the Services.
1.5. The headings herein are for convenience only and shall not affect the interpretation of this Agreement. - Services License and Restrictions
2.1. Limited License. Subject to your strict compliance with these Terms, E WORKFORCE PAYROLL grants you a limited, non-exclusive, non-transferable, non-sub licensable, and revocable license to access and use the Services for your internal business operations during the subscription term.
2.2. Use Restrictions. You covenant not to, and shall not permit any third party to:
a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share, or otherwise commercially exploit or make the Services available to any third party;
b) use the Services to process data on behalf of any third party (acting as a service bureau);
c) modify, adapt, or hack the Services, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks;
d) use the Services in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Services and its components;
e) attempt to decipher, decompile, reverse engineer, disassemble, reconstruct, or discover any source code, underlying ideas, algorithms, file formats, or programming interfaces of the Services;
f) use any automated means, including robots, spiders, scrapers, or similar data gathering and extraction tools, to access, collect, or harvest information from the Services;
g) use the Services to build a competitive product or service, or copy any features, functions, or graphics of the Services;
h) upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
i) upload, post, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. - Client Responsibilities and Absolute Liability
3.1. Account Administration. Client is solely and exclusively responsible for: (i)all activities that occur under its User accounts; (ii) maintaining the confidentiality and security of all usernames, passwords, and other access credentials; and (iii) preventing unauthorized access to or use of the Services. E WORKFORCE PAYROLL shall not be liable for any loss or damage arising from Client’s failure to comply with this security obligation.
3.2. Data Accuracy and Legality. Client is the sole and absolute data controller for all Client Data. Client represents and warrants that it has all necessary rights, licenses, consents, and permissions to use, and to authorize E WORKFORCE PAYROLL to use, all Client Data. Client bears the entire and sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Client Data. E WORKFORCE PAYROLL acts solely as a data processor and disclaims all responsibility for the content and origin of Client Data.
3.3. Compliance with Laws. Client shall comply with all applicable international, federal, state, and local laws, rules, and regulations in its use of the Services, including but not limited to all tax laws, employment laws, wage and hour laws, data protection and privacy laws (including GDPR and CCPA/CPRA), and financial regulations. Client is solely responsible for ensuring that its payroll calculations, tax filings, and reporting are accurate and timely.
3.4. Indemnification for Client Data. Client shall indemnify, defend, and hold harmless E WORKFORCE PAYROLL from any claim, suit, or proceeding made or brought against E WORKFORCE PAYROLL by a third party alleging that the Client Data, or Client’s use of the Services in violation of this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates applicable law.
3.5. Automatic Recurring Payments. By subscribing to our services, you authorize (E WORKFORCE PAYROLL INC “we,” “us,” or “our”) to charge the subscription fees and any other applicable charges to the payment method (credit/debit card, bank account, or other approved payment method). You agree that we may automatically charge this payment method on a recurring basis (e.g., monthly, annually) at the beginning of each billing cycle without requiring further authorization or notice for each payment, unless you cancel your subscription in accordance with our cancellation policy. It is your responsibility to ensure that your payment information is current, complete, and accurate, and to notify us promptly of any changes to prevent interruption of service. Failure to maintain valid payment information may result in the suspension or termination of your account. - Intellectual Property Rights
4.1. Company Ownership. E WORKFORCE PAYROLL and its licensors own and shall retain all right, title, and interest, including all related intellectual property rights, in and to the Services, the Site, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by E WORKFORCE PAYROLL.
4.2. Client Data License. Client grants E WORKFORCE PAYROLL a worldwide, royalty-free, non-exclusive license to host, copy, transmit, and display Client Data, as necessary for E WORKFORCE PAYROLL to provide the Services in accordance with this Agreement. Subject to this limited license, E WORKFORCE PAYROLL acquires no right, title, or interest from Client or its licensors under this Agreement in or to any Client Data. - Third-Party Services and Links
5.1. The Services may integrate with or allow access to third-party products, services, or websites (“Third-Party Services”). Any access to or use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services. E WORKFORCE PAYROLL does not endorse, is not responsible for, and makes no representations as to any aspect of Third-Party Services, including their content or the manner in which they handle data.
5.2. E WORKFORCE PAYROLL IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY SERVICE. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK. - DISCLAIMER OF WARRANTIES; “AS IS” AND “AS AVAILABLE”
THE SITE AND SERVICES, INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW. E WORKFORCE PAYROLL EXPLICITLY DISCLAIMS ALL STATUTORY, EXPRESS, OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF DATA, SYSTEM INTEGRATION, AND QUIET ENJOYMENT. E WORKFORCE PAYROLL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM E WORKFORCE PAYROLL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. - LIMITATION OF LIABILITY: YOUR SOLE AND EXCLUSIVE REMEDY
7.1. WAIVER OF CONSEQUENTIAL AND RELATED DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL E WORKFORCE PAYROLL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (THE “EWP PARTIES”) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (I) THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES.
7.2. ABSOLUTE CAP ON MONETARY LIABILITY. THE TOTAL AGGREGATE LIABILITY OF THE E WORKFORCE PAYROLL PARTIES, FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, SHALL BE LIMITED TO THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CLIENT TO E WORKFORCE PAYROLL FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7.3. ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS OF LIABILITY ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7.4. Lawful Business Use Only; No Liability for Illegal Activity. You represent, warrant, and covenant that your use of our software and services is solely for the operation of a legitimate business and for lawful purposes. You are strictly prohibited from using our software or services for any fraudulent, illegal, or unauthorized activity, including but not limited to money laundering, financial fraud, deceptive practices, or any activity that violates any local, state, national, or international law or regulation.You assume full and sole responsibility for all activities conducted through your account and for the legality of your business operations. E WORKFORCE PAYROLL INC expressly disclaims any and all liability arising from or related to any illegal, fraudulent, or unauthorized use of our software or services by you or any third party accessing the services through your account. You agree to indemnify, defend, and hold harmless E WORKFORCE PAYROLL INC, its affiliates, officers, directors, and employees from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from your illegal or fraudulent use of the services or your breach of this provision.
- Indemnification and Hold Harmless
You agree to defend, indemnify, and hold harmless the EWP Parties from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorney’s fees) arising from or related to: (a) your use of and access to the Site and Services; (b) your violation of any term of this Agreement; (c) your violation of any third-party right, including without limitation any copyright, property, privacy, or data protection right; (d) any claims that your Client Data caused damage to a third party; (e) your failure to comply with applicable laws; or (f) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services. - Data Security and Privacy
9.1. Our Security Measures. E WORKFORCE PAYROLL will implement and maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Client Data. These measures are designed to prevent unauthorized access, use, modification, or disclosure.
9.2. No Absolute Security. NOTWITHSTANDING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE TRANSMISSION OF DATA OVER THE INTERNET IS INHERENTLY INSECURE, AND NO METHOD OF ELECTRONIC STORAGE OR TRANSMISSION IS 100% SECURE. E WORKFORCE PAYROLL DOES NOT GUARANTEE OR WARRANT THAT DATA CANNOT OR WILL NOT BE INTERCEPTED, ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR MANAGERIAL SAFEGUARDS. YOU USE THE SERVICES AND PROVIDE DATA AT YOUR OWN RISK. - Termination and Suspension
10.1. Suspension and Termination. E Workforce Payroll may, in its sole discretion, suspend or terminate your access to the Site and Services immediately without notice for any reason, including if you breach this Agreement. Without limiting the foregoing, E Workforce Payroll may immediately suspend Services without notice if: (a) Client initiates a chargeback or disputes any valid charges with its payment provider; (b) Client fails to reimburse any Chargeback or other indemnified amount within forty-eight (48) hours of demand; or (c) Client poses an unacceptable financial or legal risk, as determined by E Workforce Payroll in its sole discretion.
10.2. Upon termination, your right to use the Services will cease immediately. All provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. - Governing Law and Venue
This Agreement and any dispute of any sort that might arise between you and E WORKFORCE PAYROLL shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. - Exclusive Jurisdiction and Venue
YOU IRREVOCABLY AND UNCONDITIONALLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN NEW CASTLE COUNTY, DELAWARE, FOR THE RESOLUTION OF ANY DISPUTE, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SITE OR SERVICES. - Changes to Terms
E WORKFORCE PAYROLL reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. - BINDING ARBITRATION AND CLASS ACTION WAIVER
14.1. Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in New Castle County, Delaware, before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction.
14.2. Class Action Waiver. YOU AND E WORKFORCE PAYROLL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and E WORKFORCE PAYROLL agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
14.3. Exception. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of its intellectual property rights. - Client Guarantees and Financial Responsibility
15.1. Verification of Outputs. Client acknowledges and agrees that it is solely and absolutely responsible for verifying the accuracy and completeness of all payroll calculations, tax filings, reports, and other outputs generated by the Services (“Outputs”) prior to authorizing and finalizing any payroll run, tax payment, or filing. E WORKFORCE PAYROLL acts as a passive processor based on the data and instructions provided by Client and disclaims all liability for the accuracy of Outputs.
15.2. Personal Guarantee. If the Client is a business entity, the individual(s) who registers for the Services, authorizes payment, or signs this Agreement (the “Guarantor”) hereby personally, unconditionally, and irrevocably guarantees the full and timely payment of all fees, charges, returned payment fees, and any other amounts owed by the Client under this Agreement. This personal guarantee is a material inducement for E WORKFORCE PAYROLL to provide the Services and shall remain in effect for the duration of the Client’s use of the Services and until all outstanding obligations are satisfied in full. The Guarantor waives any right to require E WORKFORCE PAYROLL to proceed against the Client or any other person before proceeding against the Guarantor.
15.3. Direct Deposit Functionality and Client Liability
The Services include functionality for processing direct deposit payments to the Client’s employees and contractors (“Direct Deposit”). Client acknowledges and agrees that:
- a) Client’s Sole Responsibility: Client is solely and absolutely responsible for the accuracy and authorization of all payment instructions, including payee names, bank account numbers, routing numbers, and payment amounts, submitted through the Direct Deposit functionality.
- b) Authorization and Compliance: Client represents and warrants that it has obtained all necessary authorizations and consents from its employees and contractors for the processing of direct deposits and for the debiting of its own bank account for the total payroll amount. Client is solely responsible for compliance with National Automated Clearing House Association (NACHA) rules and all other applicable banking regulations.
- c) Absolute Liability for Chargebacks and Reversals: Client bears the complete and absolute financial responsibility for any and all chargebacks, reversals, ACH returns, bank fees, fines, and any associated costs (collectively, “Chargebacks”) initiated by a financial institution, an employee, a contractor, or any third party related to Direct Deposits processed on Client’s behalf. This includes, without limitation, Chargebacks resulting from:
I) Incorrect payment instructions provided by Client;
ii) Insufficient funds in the Client’s designated funding account;
iii) Revoked or disputed authorizations from payees;
iv) Claims of unauthorized transactions; and
v) Any other error or action originating from the Client or its payees. - d) Indemnification for Chargebacks: Client agrees to immediately indemnify, reimburse, and hold harmless the EWP Parties for the full amount of any and all Chargebacks, plus any associated administrative fees imposed by us or our payment processors. E WORKFORCE PAYROLL reserves the right to immediately debit the Client’s registered payment method or invoice Client for the total amount of any Chargeback. Failure to promptly reimburse such amounts constitutes a material breach of this Agreement.
- e) No Liability for Processor Actions: E WORKFORCE PAYROLL acts as a facilitator between the Client and its third-party payment processors. We shall not be liable for any acts, errors, omissions, or failures of any financial institution, ACH network, or other payment processor. We do not guarantee the timing of any direct deposit, as this is subject to banking processes and regulations beyond our control. Financial Terms and Security
16.1. Reimbursement and Set-Off Right. Client hereby authorizes E Workforce Payroll to immediately debit, charge, or set off any amounts owed due to Chargebacks, indemnification claims, fees, or other liabilities under this Agreement from Client’s registered payment method, bank account, or any funds held by E Workforce Payroll on Client’s behalf. This right is in addition to any other rights and remedies available to E Workforce Payroll at law or in equity. If insufficient funds are available, Client shall pay the outstanding amount in full within forty-eight (48) hours of notification.
16.2. Security Interest. To secure the prompt payment and performance of all of Client’s obligations under this Agreement, Client hereby grants to E Workforce Payroll a continuing security interest in and lien upon any and all funds held in any account maintained by Client with E Workforce Payroll, now or in the future, including any reserve accounts, and all proceeds thereof.
16.3. Reserve Account. E Workforce Payroll may, in its sole and absolute discretion, require Client to establish and maintain a reserve fund in an amount determined by E Workforce Payroll. The reserve may be held by E Workforce Payroll to offset potential risks, including Chargebacks, penalties, fines, or other liabilities arising from Client’s use of the Services. E Workforce Payroll may adjust the reserve amount from time to time based on Client’s transaction history, creditworthiness, and overall risk profile.
16.4. Audit Rights. E Workforce Payroll shall have the right, upon seven (7) days’ prior written notice, to audit Client’s records and procedures related to its use of the Services, including payroll processing, employee classifications, and tax compliance, to verify Client’s compliance with this Agreement. Client shall provide full cooperation during any such audit.
16.5. Liquidated Damages for Chargebacks. The parties acknowledge that Chargebacks cause significant administrative costs and damages that are difficult to quantify precisely. Therefore, in addition to the full amount of any Chargeback, Client shall pay E Workforce Payroll a liquidated damages fee of Two Hundred Fifty U.S. Dollars (US $250.00) per Chargeback incident to cover administrative and processing costs. This is not a penalty, but a reasonable estimate of the associated costs.
16.6. Mandatory Pre-Dispute Notice. Before initiating any chargeback with a financial institution or commencing any arbitration or legal proceeding, Client must provide E Workforce Payroll with a detailed, written notice of any dispute within thirty (30) days of the incident giving rise to the dispute. The parties agree to engage in good faith negotiations for a period of sixty (60) days to resolve the dispute before pursuing any formal claim.
- Miscellaneous
17.1. Entire Agreement. This Agreement constitutes the entire agreement between you and E WORKFORCE PAYROLL and governs your use of the Services, superseding any prior agreements between you and E WORKFORCE PAYROLL.
17.2. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
17.3. No Waiver. The failure of E WORKFORCE PAYROLL to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
16.4. Attorney’s Fees. In any action, proceeding, or arbitration to enforce this Agreement or collect any amounts owed hereunder, the substantially prevailing party shall be entitled to recover its reasonable attorney’s fees, court costs, arbitration fees, and other collection expenses in addition to any other relief granted.
- Contact Information
Questions about these Terms should be sent to us at: Info@eworkforcepayroll.com.
TERMS AND CONDITIONS
Last updated October 04, 2023
AGREEMENT TO OUR LEGAL TERMS
We are E WORKFORCE PAYROLL INC (“Company,” “we,” “us,” “our“).
We operate the website https://eworkforcepayroll.com (the “Site“) and any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).
These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you“), and E WORKFORCE PAYROLL INC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will not provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon changing the date at the top of these legal terms and conditions. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission and be directly supervised by their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms before you use the Services.
We recommend printing a copy of these Legal Terms for your records.
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and worldwide.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES“ section below, we grant you a non-exclusive, non-transferable, revocable license to:
- Access the Services
- Download or print a copy of any portion of the content you have properly gained access to.
- Solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to use the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to info@eworkforcepayroll.com. Suppose we grant you permission to post, reproduce, or publicly display any part of our Services or Content. In that case, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.
Please review this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand the
- Rights you give us and
- Obligations you have when you post or upload any content through the Services.
You are responsible for what you post or upload:By sending us Submissions through any part of the Services, you:
- Confirm that you have read and agree with our “PROHIBITED ACTIVITIES“ and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- To the extent permissible by applicable law, waive any moral rights to any such Submission;
- Warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the rights mentioned above about your Submissions; and
- Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all your account and password use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all your account and password use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
- MasterCard
- American Express
- Discover
- ACH / Electronic Fund Transfer
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. We may change prices at any time. All payments shall be in US dollars.
You agree to pay the fees for the Services following the applicable fee schedules, and you authorize us to debit your designated bank account or through the card, as specified by you through the Platform, for all fees as they become payable. You are liable to pay from the month you start using our paid services regardless of running the payroll in any calendar month. You will receive the bill for the services of a calendar month, and the balance will be debited from the Bank account every month in arrears. Notwithstanding the preceding, we may invoice You for any applicable outstanding fees, and you must pay such invoice within twenty (20) days of receipt via ACH or card. All fees are non-refundable. You agree to reimburse us for any sales, use, and similar taxes arising from the provision of the Services that any federal, state, or local governments may impose.
We reserve the right to change the fees for the Services occasionally. You will be notified of any change to existing fees at least thirty (30) days before the change occurs. If a fee increase or change to this agreement is not acceptable to you, you may cancel the Services provided herein before such fee increase or change to an ongoing agreement. Suppose we cannot collect the balance due because of insufficient funds in the provided Bank Account or for other reasons. In that case, you must pay the amount due immediately upon demand, plus any applicable exceptions processing fees, bank fees or charges for return items and interest at the lesser of 18% per annum or the maximum rate permitted by law along with attorneys’ fees and other costs of collection as permitted by law.
We offer a 14-day free trial to new users who register with the Services. The account will not be charged, and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our Services, please email us at info@eworkforcepayroll.com.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information from the Services to harass, abuse, or harm another person.
- Use our support services improperly or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated system, such as using scripts to send comments or messages or using data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the Services.
- Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting users’ usernames and/or email addresses by electronic or other means to send unsolicited emails or create user accounts by automated means or under pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other service users and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Service’s Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate any third party’s privacy or publicity rights.
- Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate or link to material that violates any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services in violation of the preceding violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services
You and Services agree that we may access, store, process, and use any information and personal data you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.
Use License
Suppose you access the Services via the App. In that case, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not:
- Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
- Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
- Violate any applicable laws, rules, or regulations in connection with your access or use of the App;
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
- Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
- Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
- Use the App to send automated queries to any website or to send any unsolicited commercial email or
- Use any proprietary information, our interfaces, or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services:
- The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules outlined in the applicable App Distributor’s terms of service;
- We are responsible for providing any maintenance and support services concerning the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services concerning the App;
- In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever concerning the App;
- You represent and warrant
- You are not located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist supporting” country and
- You are not listed on any US government list of prohibited or restricted parties;
- You must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not violate their wireless data service agreement when using the App; and
- You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements and have no other relationship with advertisers.
We reserve the right, but not the obligation, to:
- Monitor the Services for violations of these Legal Terms;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities;
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise turn off all files and content that are excessive in size or are in any way burdensome to our systems and
- Otherwise, manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy: https://eworkforcepayroll.com/privacy-policy/.
By using the Services, you agree to be bound by our Privacy Policy incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States. You expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the US Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
These Legal Terms shall remain full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, us, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress without limitation.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.
Binding Arbitration
If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. The AAA Consumer Rules shall govern your arbitration fees and share of arbitrator compensation and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, by submitting documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration will occur in NEW CASTLE, Delaware, where otherwise required by the applicable AAA rules or applicable law. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in NEW CASTLE, Delaware, and the Parties at this moment consent to and waive all defenses of lack of personal jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either party related in any way to the Services be commenced more than one (1) year after the cause of action arose. Suppose this provision is found to be illegal or unenforceable. In that case, neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that arbitration shall be limited to the Dispute between the Parties. To the full extent permitted by law,
- No arbitration shall be joined with any other proceeding;
- There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures and
- There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:
- Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
- Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
- Any claim for injunctive relief. Suppose this provision is found to be illegal or unenforceable. In that case, neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services containing typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
- PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD BEFORE ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- Use of the Services;
- Breach of these Legal Terms;
- Any breach of your representations and warranties outlined in these Legal Terms;
- Your violation of the rights of a third party, including but not limited to intellectual property rights or
- Any overt harmful act toward any other Services user you connected via the Services.
Notwithstanding the previous, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware.
We will maintain certain data that you transmit to the Services to manage the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups of data, you are solely responsible for all data that you transmit or relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services satisfy any legal requirement that such communication be in writing. YOU AS A RESULT OF THIS, AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You, at this moment, waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.
Furthermore, we do not take responsibility for the validity or disputes resulting from the content. Additionally, we have no responsibility related to enforcing the electronic signature of the documents. Please remember that the US state and federal laws do not enforce electronic signatures on some documents. Therefore, engage with legal counsel to get the most authentic opinion about electronic signatures to sign the document.
If you choose a particular plan and want to change it, the current plan will continue until you buy a new one or till the end of the period specified at the time of the agreement. The same scenario will be implemented if you want to downgrade the plan.
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