Terms And Conditions For EZ Fast Forms Usage
These Terms and Conditions for membership with EZ Fast Forms are intended to offer companies and advertising agencies a standard for conducting business in a manner acceptable to both. This document, when associated with a valid membership account, represents the parties' common understanding for doing business. This document may not fully cover sponsorships and other arrangements involving content association or integration, and/or special production, but may be used as the basis for the media components of such contracts. This document is not meant to cover the relationship between a publisher and an end user, or between end users and EZ Fast Forms.
Thanks for using EZ Fast Forms' products, services, websites, and apps which are branded as "EZ Fast Forms" ("EZFF Services") or "Easy Fast Forms" (EZ Fast Forms Services and Easy Fast Forms Services are collectively referred to as "Services").
EZ Fast Forms provides a variety of different services. Additional service-specific terms and policies (including rules and guidelines) apply to some Services ("Additional Terms"). Those Additional Terms become a part of your agreement with us if you use those Services. For example, if you use our design or development services, the Design & Development Terms of Service apply.
We refer to the combination of these TOU and any applicable Additional Terms collectively as these "Terms."
You indicate your agreement to these Terms by clicking or tapping on a button indicating your Acceptance of these Terms, by executing a document or completing member signup that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that organization.
EZ Fast Forms does not operate outside the United States and Canada and does not agree to enter into any Terms of Service with non-US/non-CA companies or organizations.
You agree to pay to EZ Fast Forms any fees for each Service you purchase or use (including any Overage fees and Design & Development fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through member signup and/or your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify EZ Fast Forms of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.1.2. Subscriptions.
Some of our Services are billed on a subscription basis (we call these "Subscriptions"). This means that you will be billed in advance on a recurring, periodic basis (each period is called a "billing cycle"). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your Online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew. If your Subscription includes a free trial period and you cancel before the free trial expires, you will not be charged for the free trial period.1.3. Taxes.
Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "Taxes") unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.
(a) United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you timely provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority.
To be timely, you must provide us with a tax exemption certificate before your initial purchase or upgrade, or, if you miss that mark, within 90 days after such purchase or upgrade, unless your billing information is in Alabama, Louisiana, Maine, Massachusetts, Pennsylvania, or South Carolina in which case within 60 days; or if in Hawaii, Mississippi, or New Mexico within 45 days. If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate. If we subsequently determine in our sole discretion that your tax exemption document is valid, we will refund the sales tax collected based on applicable state tax laws.
(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST or any other sales, consumption or use taxes that arise in connection with your purchases of EZ Fast Forms products unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate.
If you are required by law to withhold any Taxes from your payments to EZ Fast Forms, you must provide EZ Fast Forms with an official tax receipt or other appropriate documentation to support such payments.1.4. Price Changes.
EZ Fast Forms may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. EZ Fast Forms will provide you with advance notice of any change in fees.1.5. Overage Fees.
Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
In the course of using the Services, you may submit content to EZ Fast Forms (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your "Content"). We know that by giving us your Content, you are trusting us to treat it appropriately. EZ Fast Forms' Privacy Notice, together with any Service-specific privacy notices or statements (collectively, "EZ Fast Forms privacy policies"), detail how we treat your Content and we agree to adhere to those EZ Fast Forms privacy policies. You in turn agree that EZ Fast Forms may use and share your Content in accordance with the EZ Fast Forms privacy policies and applicable data protection laws. If you are a customer who is operating as "data controller" as defined in the European General Data Protection Regulation 2016/679 ("GDPR") we have added some additional terms below in Section EU2 to address your obligations under this law. You also agree that you are responsible for notifying these third parties who submit content to you through our Services about the EZ Fast Forms privacy policies.2.2. Confidentiality.
EZ Fast Forms will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the EZ Fast Forms privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by EZ Fast Forms); (b) was lawfully known to EZ Fast Forms before receiving it from you; (c) is received by EZ Fast Forms from a third party without knowledge of breach of any obligation owed to you; (d) is shared in the context of your account being migrated to an organization's Enterprise account, if your account is registered using a work email address within that organization; or (e) was independently developed by EZ Fast Forms without reference to your Content. EZ Fast Forms will only disclose your Content when required by law or legal process, but only after EZ Fast Forms, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.2.3. Security.
EZ Fast Forms will store and process your Content in a manner consistent with industry security standards. EZ Fast Forms has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content. PLease read the Privacy Notice for more information on securing your Content.
If EZ Fast Forms becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account ("Security Incident"), EZ Fast Forms will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident. EZ Fast Forms will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or Online through updates provided by EZ Fast Forms.
You retain ownership of all of your intellectual property rights in your Content. EZ Fast Forms does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.3.2. No License to Your Content.
EZ Fast Forms does NOT have: royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, for any purposes unless otherwise permitted by the EZ Fast Forms privacy policies. Your use of EZ Fast Forms Services is based on Us providing You with the option for complete privacy and security if your Content, and it is only upon Your sole discretion that you may permit EZ Fast Forms to access your Content, soley for the purpose of advancing your account condition. In the event that EZ Fast Forms is permitted access to your Content, any and all Content accessed will be diligently secured, not shared with third parties, kept private and not stored or archived in any form, other than within your secured account repositories and databases for the sole purpose of your Services. After you stop using our Services, with respect to aggregate data associated with your Content and any residual backup copies of your Content made in the ordinary course of EZ Fast Forms' business, all Content wil be purged and permanently removed from all instances with diligence to protect that data from being accessed. To be clear, if you stop using our Services without clearly communicating your intent to continue Services at a later date within 30 days of apparent Termination, your Content will be permanently purged from existence from within the scope of EZ Fast Forms Services. This license also extends to any potentially trusted third parties we work with to the extent necessary to provide the Services to you. However, if you provide EZ Fast Forms with feedback about the Services, we may use your feedback without any obligation to you.3.3. Representations and Warranties
You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Services, any Content or materials that (i) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; or (ii) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party.3.4. Customer Lists.
EZ Fast Forms may identify you (by name and logo) as a EZ Fast Forms Services customer on ezfastforms.com and on other promotional materials for the purposes of promoting and marketing EZ Fast Forms Services.3.5. Copyright Claims (DCMA Notices).
EZ Fast Forms responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify EZ Fast Forms' agent for claims of copyright infringement.3.6. Other IP Claims.
EZ Fast Forms respects the intellectual property rights of others, and we expect our users to do the same. If you believe a EZ Fast Forms user is infringing upon your intellectual property rights, you may report it through email to email@example.com or calling 801-253-2564 with sufficient specific details to help us identify the issue. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.
Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by EZ Fast Forms, these Terms do not grant you any right to use EZ Fast Forms' trademarks or other brand elements.
If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.
The Services display content provided by others that is not owned by EZ Fast Forms. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. EZ Fast Forms is not responsible for any actions you take with respect to your Content, including sharing it publicly. Under no circumstances will EZ Fast Forms be liable for any Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such Content or other third-party content or materials. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.5.2. Content Review.
You acknowledge that, in order to ensure compliance with legal obligations, EZ Fast Forms may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we are compelled to believe violates the law or these Terms. In the event your Content includes third-party brands, logos or other source identifiers, we may require you to submit a statement of non-affiliation before you may use such Content in connection with the Services. However, EZ Fast Forms otherwise has no intent or obligation to monitor or review any content submitted to the Services, and does not actively review Content unless access is permitted and promoted by You.5.3. Third Party Resources.
EZ Fast Forms may publish links in its Services to Internet websites maintained by third parties. EZ Fast Forms does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. EZ Fast Forms does not represent that it has reviewed such third party uploaded files and is not responsible for them or any content appearing in them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
If you have been issued an account by EZ Fast Forms in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not EZ Fast Forms, are responsible for any activity occurring in your account (other than activity that EZ Fast Forms is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify EZ Fast Forms immediately. Individual accounts may not be shared and may only be used by one individual per account.6.2. Keep Your Details Accurate.
EZ Fast Forms occasionally sends notices to the email address and or mobile phone registered with your account. You must keep your email address and mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.6.3. Remember to Backup.
You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, EZ Fast Forms will not be liable for any failure to store, or for loss or corruption of, your Content.6.4. Remember to Periodically Purge Content.
You are responsible for maximmizing the privacy of your Content. EZ Fast Forms is not intended to be a longterm storage solution, rather a secured data conduit to your internal CMS/EMR. Therefore, it is best practice to purge Content that is no longer necessary after being backed-up, appropriately stored internally, or deemed no longer necessary.6.5. Automatically Purging Content.
Your Content will be automatically purged, if the storage volume of your Account exceeds the terms of your Services, and/or if the Content becomes aged beyond 90 days. EZ Fast Forms may allow retention of Content beyond 90 days, after which the schedule ofpurging outdated Content is at the discretion of EZ Fast Forms. Content that is eligible for automatic purging includes outdated data sets and outdated file uploads. If you require storage Terms that exceed 90 days or the volume permitted for your Account, you are required to contact EZ Fast Forms with specific storage requirements and a reasonable increase to your membership fees will be charged and recurring, until notification by You to EZ Fast Forms to reduce your storage and reduce your fees. Any increase or reduction to your storage Terms may require manual intervention and billing changes may not occur at the time of communication, but will be appliedd with due diligence and you will be notified when billing changes occur.6.6. Account Inactivity.
EZ Fast Forms may terminate your account and delete any Content contained in it if there is no account activity (such as a login event or payment) for 30 days past the end of your last successfully paid billling cycle. However, we will attempt to warn you by email and phone before terminating your account to provide you with an opportunity to login to your Account and make payment to keep it active.6.7. Customer Success.
EZ Fast Forms may assign you a customer success manager ("CSM"). The CSM may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight. This activity does NOT include reviewing your private Content or accessing your Account directly.
If you are an individual, you may only use the Services if you have the power to form a contract with EZ Fast Forms. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.7.2. Minors.
"Minors" are individuals under the age of 13 (or a higher age as provided in certain countries and territories). None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.7.3. Embargoes.
You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce's Denied Persons List or Entity List, or the U.S. Treasury Department's list of Specially Designated Nationals, you are not permitted to purchase any paid Services from EZ Fast Forms. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons or entities on any of the above lists.
You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.8.2. Acceptable Uses Policy.
You agree to comply with the Acceptable Uses Policy. EZ Fast Forms does not access Content to evaluate Acceptable Use, does not review Content internally as a result of a complaint, but does review and access content provided by a complaintant, which can be verified through the content provided. You will be notified within 72 hours of our receipt of a Complaint against You and provide you with all the content provided by the complaintant, unless compelled to delay contacting you, by government or legal mandates.
If you use the Services to accept payment card profiles, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the "PCI Standards"). EZ Fast Forms provides tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.9.2. Cardholder Data.
EZ Fast Forms is responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. "Cardholder Data" is defined as a cardholder's primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. EZ Fast Forms has developed strict security features to protect Cardholder Data, and as such this data may only be used in anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where EZ Fast Forms explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as 'Card Number' or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any "Sensitive Authentication Data," as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.
You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Services, collected responses, and/or downloaded your responses unless the termination is due to our material, uncured breach or a refund is required by law.10.2. By EZ Fast Forms.
EZ Fast Forms may terminate your Subscription at the end of a billing cycle by providing at least 30 days prior written notice to you. EZ Fast Forms may terminate your Subscription for any reason by providing at least 90 days written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. EZ Fast Forms may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after EZ Fast Forms has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, EZ Fast Forms may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others' use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where EZ Fast Forms may decide that we need to take immediate action without notice. EZ Fast Forms will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. EZ Fast Forms has no obligation to retain your Content upon termination of the applicable Service.10.3. Further Measures.
If EZ Fast Forms stops providing the Services to you because you repeatedly or egregiously breach these Terms, EZ Fast Forms may take measures to prevent the further use of the Services by you, including blocking your IP address.
EZ Fast Forms may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the EZ Fast Forms website. If an amendment is material, as determined in EZ Fast Forms' sole discretion, EZ Fast Forms will notify you by email. Notice of amendments may also be posted to EZ Fast Forms' blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require EZ Fast Forms to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.11.2. Changes to Services.
EZ Fast Forms constantly changes and improves the Services. EZ Fast Forms may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. EZ Fast Forms may also limit, suspend, or discontinue a Service provided to you at its discretion. If EZ Fast Forms discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. EZ Fast Forms may remove content from the Services it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.11.3. Downgrades.
Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.11.4. Plan Response Limits
Any responses over your plan's response limits will not be viewable or may be rejected, and each response over the limit will be deleted immediately after it is received, unless you upgrade to a different plan to view and keep access to all responses within the scope of the upgraded plan. We encourage you to go to ezfastforms.com to see which plans have extra responses over your current plan's response limit, in case you want to upgrade to a different plan to receive more responses.
While it is in EZ Fast Forms' interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our Online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED "AS IS" AND EZ FAST FORMS DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.12.2. Exclusion of Certain Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EZ FAST FORMS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF EZ FAST FORMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.12.3. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EZ FAST FORMS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO EZ FAST FORMS FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.00.12.4. Consumers.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.12.5. Indemnification.
If you are a business, you will indemnify and hold harmless EZ Fast Forms and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) ("Indemnification Amounts") arising out of a third party claim regarding or in connection with your or your end users' use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
If you are any form of user, you will indemnify and hold Indemnified Entities harmless from any Indemnification Amounts arising out of a breach of your obligation in Section 1.3 to ensure your tax exemption certificate, if any, accurately reflects your current tax status.
Unless otherwise noted, the Services are provided by, and you are contracting with, EZ Fast Forms LLC inside of the United States.13.2. EZ Fast Forms LLC
For any Service provided by EZ Fast Forms LLC, the following provisions will apply to any terms governing that Service:
Contracting Entity. References to "EZ Fast Forms", "EZFF", "we", "us", and "our" are references to EZ Fast Forms LLC, located in South Jordan, UT 84095, USA.
Governing Law. Those terms are governed by the laws of the State of Utah (without regard to its conflict of laws provisions).
Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Salt Lake County, Utah, and the federal courts located in the Northern District of Utah with respect to the subject matter of those terms.
You may not assign these Terms without EZ Fast Forms' prior written consent, which may be withheld in EZ Fast Forms' sole discretion. EZ Fast Forms may assign these Terms at any time without notice to you.14.2. Entire Agreement.
These Terms (including the Additional Terms) constitute the entire agreement between you and EZ Fast Forms, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.14.3. Independent Contractors.
The relationship between you and EZ Fast Forms is that of independent contractors, and not legal partners, employees, or agents of each other.14.4. Interpretation.
The use of the terms "includes", "including", "such as", and similar terms, will be deemed not to limit what else might be included.14.5. No Waiver.
A party's failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.14.6. Precedence.
To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.14.7. Severability.
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.14.8. Third Party Beneficiaries.
There are no third party beneficiaries to these Terms.14.9. Survival.
The following sections will survive the termination of these Terms: "Terms for Certain Customers and Countries".
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.15.2. Customer-Specific Terms.
The following amendments automatically apply to you upon acceptance of these Terms if you are one of the types of entities identified below:
If you are a United States Federal Government Agency, this Amendment applies to you.
If you are a different type of government entity in the United States, this Amendment applies to you.
If you are using EZ Fast Forms Services, the following terms apply:
Forms Library. In the course of using the ezfastforms.com website, you may create certain templates, graphics or form documents (collectively, the "Form Content") and load or post such documents into the EZ Fast Forms forms library ("Forms Library") for other users. By making such Form Content available on the Form Library, you grant to EZ Fast Forms a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit that Form Content in connection with EZ Fast Forms' operation of ezfastforms.com.
Use of API. You may access your EZ Fast Forms account data via EZ Fast Forms' application programming interface ("API") and EZ Fast Forms hereby grants you a non-exclusive, non-transferable license (without the right to sublicense) to use the API solely as necessary to develop, test, operate and support your software application or website using certain data and content from the EZ Fast Forms website ("Application"), and to distribute or allow access to your integration of the API within your Application to end users of your Application. Any use of the API, including use of the API through a third party product or service that accesses EZ Fast Forms, is bound by these Terms, plus the following specific items:
(a) Abuse of the API or excessively frequent requests to ezfastforms.com, and subdomained sites of this domain, via the API may result in the temporary or permanent suspension of your access to the API. EZ Fast Forms, in its sole discretion, will determine if your usage constitutes abuse or excessive usage of the API. EZ Fast Forms will endeavor to warn the account owner via email prior to suspension. While EZ Fast Forms strives to have the API available without interruption, EZ Fast Forms cannot guarantee any uptime for the API.
(b) You agree not to use the API in any way that is unlawful or harms EZ Fast Forms, its service providers, your end users, or any other person.
(c) EZ Fast Forms may modify, restrict or discontinue, at any time, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
(d) You agree to assist EZ Fast Forms, at its request, to verify compliance with these EZ Fast Forms Terms by providing us with information about your Application, including providing us with access to it and/or other materials related to your use of the API.
(e) The API is currently provided for free, but EZ Fast Forms reserves the right to charge for use of the API in the future. If EZ Fast Forms charges a fee for use of the API, you do not have any obligation to continue using it.
Revised November 2, 2020
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