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Term of service

AGOPS Solutions LLC. Terms of Service

These “Terms” are effective as of September 01, 2018 and govern your access and use of the https://easydmarc.com website or any mobile applications, APIs made available by AGOPS Solutions LLC. (collectively, the “EasyDMARC Services”).

THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE IN THE SECTION BELOW TITLED “DISPUTE RESOLUTION” WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST AGOPS SOLUTIONS LLC. TO BINDING AND FINAL ARBITRATION.

By using or accessing the EasyDMARC Services you:

(1) acknowledge that you have read, understand, and agree to be bound by these Terms, including EasyDMARC’s privacy policy located at https://easydmarc.com/privacy-policy (the “Privacy Policy”);

(2) represent that you have the authority to enter into these Terms (including all of the terms and conditions specified or referenced below, including the Privacy Policy) and

(3) agree that you are entering into and agree to adhere to these Terms (including all of the terms and conditions specified or referenced below, including the Privacy Policy) with AGOPS Solutions LLC. ( “EasyDMARC”). In addition, when using particular services or materials in connection with the EasyDMARC Services, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in these Terms (“Additional Terms”).

If you do not agree to all of the terms and conditions of these Terms, or you do not have such authority, or you do not meet the eligibility requirements, you should cease any and all access or use of the EasyDMARC Services.

Access to the EasyDMARC Services

EasyDMARC hereby grants you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to use the EasyDMARC Services, provided that you will use the EasyDMARC Services only as permitted by these Terms.

Basic Rules

You understand and agree that:

You are responsible for any activity that occurs under your username name or is associated with your account. You are responsible for keeping your username and password secure.
You are solely responsible for your conduct and any and all information or material including, without limitation, data, text, images, usernames, graphics, photos, profiles, links (otherwise known as “Content”) that you submit, post, and display on or through the EasyDMARC Services.

Violation of any of these Terms will result in the immediate termination of your account.

Do not:

Use the EasyDMARC Services for any illegal or unauthorized purpose.
Violate our Community Guidelines.
Modify or adapt the EasyDMARC Services, or create or modify another website or mobile application so as to falsely imply that it is associated with EasyDMARC or the EasyDMARC Services.
Attempt to gain unauthorized access to the EasyDMARC Services or its systems or networks, or access EasyDMARC’s private API by any means other than in compliance with rules we set on API access.
Crawl, scrape, or otherwise cache any content from the EasyDMARC Services.
Spam or submit any unwanted email or comments to any users of the EasyDMARC Services.
Transmit any worms, viruses, or other destructive code.
Duplicate, reproduce, transfer, give access to, copy or distribute any part of the EasyDMARC Services in any medium without EasyDMARC’s prior written authorization.
Attempt to reverse compile, reverse engineer, alter, make derivative works of, disassemble, or modify any part of the EasyDMARC Services.
Access any part of the EasyDMARC Services in order to build a similar or competitive service.
Interfere with or disrupt the integrity or performance of the EasyDMARC Services or data.

Some Basic Rights of EasyDMARC

We reserve the right, for any reason and without notice at any time, to:

Modify or terminate the EasyDMARC Services.
Refuse or deny access to the EasyDMARC Services to anyone.
Force forfeiture of any username including, but not limited to, a username that becomes inactive, violates the trademark or legal claim of a third party, or misleads other users.
Remove any Content and/or accounts in our sole discretion. Examples of accounts and Content we endeavor to remove include accounts with Content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

Data on EasyDMARC

Your data is yours. EasyDMARC does not claim any ownership rights in the Data that you, other users, or third parties post on or through the EasyDMARC Services (collectively, “User Content”).

The Rights you Grant to EasyDMARC. By displaying or publishing (“posting”) any Content on or through the EasyDMARC Services, you grant to EasyDMARC a non-exclusive, limited license to use, not modify, delete, not publicly perform, not publicly display.

Saving and Sharing.

The EasyDMARC Services allow you to
(1) keep Content private
(2) share your Content with the EasyDMARC Community by uploading it to EasyDMARC public store
(3) share your Content with third-party services.

Content you keep private.
When you post to EasyDMARC but do not share publicly, your Content is not made available to the EasyDMARC community or to third parties. We endeavor to keep your private Content private, but please keep in mind that no technology is 100% secure, and it is possible that unauthorized third parties could defeat our security measures and access your private Content. Please note that if you make Content public and later switch it to private or delete it, we may not be able to remove it from the EasyDMARC Services.

Content you share with the EasyDMARC community.
When you post to the EasyDMARC community, your Content is made available to the public.

Content you share with third parties.
When you share your Content through a third-party service that is integrated or not with the EasyDMARC Services (such as Instagram, Facebook, or Twitter), you authorize us to deliver the Content (or a version that we’ve modified, as needed) to that third-party service. This means that the third-party service’s handling of your Content will be subject to its own agreement with you, for which we are not responsible.

EasyDMARC Content.

The EasyDMARC Services contain Content owned by EasyDMARC and its licensors (collectively the “EasyDMARC Content”). EasyDMARC Content is protected by copyright, trademark, patent, trade secret and other laws, and EasyDMARC and its licensors own and retain all rights in the EasyDMARC Content and EasyDMARC owns and retains all interest and rights in and to the EasyDMARC Services.

Certain EasyDMARC Content may be subject to additional fees or charges. You acknowledge and agree that your purchase of any such EasyDMARC Content is restricted to the purchase and sale of a license to such EasyDMARC Content, and shall not convey ownership of any such EasyDMARC Content or intellectual property rights to you.

Do not steal anyone’s Content. You must observe copyright and other intellectual property laws of the United States and your country. You may not copy someone else’s work and display it elsewhere, or claim it as your own, or make a small change and claim it as your own, etc. Except as provided within this Agreement and under intellectual property laws, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any EasyDMARC Content or User Content or any other third party Content appearing on or through the EasyDMARC Services except as expressly permitted by the holder of the rights in that Content. You represent and warrant that:

You own the Content posted by you on or through the EasyDMARC Services or otherwise have the right to grant the license set forth in this section.
The posting and use of your Content on or through the EasyDMARC Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and the posting of your Content on the EasyDMARC Services does not result in a breach of contract between you and a third party.
You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the EasyDMARC Services being in violation of this section.

You agree that EasyDMARC services may identify you as a recipient of services and use your logo in sales presentations, marketing materials, on the website’s customers section and press releases, and to develop a brief customer profile for use by EasyDMARC services for promotional purposes.

There may be occasions when the EasyDMARC Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment. We are doing very best to be always up and running.

Third Party Links

The EasyDMARC Services may contain links to independent third-party websites and services (collectively, “Third Party Sites”). Third Party Sites are not under EasyDMARC’s control, and EasyDMARC does not endorse, is not responsible for, and shall have no liability to you with respect to the business practices, privacy practices, or content including, without limitation, any and all materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third Party Sites. If you access any Third Party Site, you acknowledge and agree that you do so at your own risk and that it is your responsibility to read and understand the privacy, membership, payment and other policies of the Third Party Sites and to determine whether or not you will have any interaction with any of those sites.

Disclaimer of Warranties

THE EasyDMARC SERVICES AND EasyDMARC CONTENT ARE PROVIDED ON AND “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EasyDMARC MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
(A) THE EasyDMARC SERVICES;
(B) THE EasyDMARC CONTENT;
(C) USER CONTENT; OR
(D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO EasyDMARC OR VIA THE EasyDMARC SERVICES.
EasyDMARC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY PURPOSE.

EasyDMARC DOES NOT REPRESENT OR WARRANT THAT THE EasyDMARC SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT DEFECTS WILL BE CORRECTED; OR THAT THE EasyDMARC SERVICES ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. EasyDMARC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY USER CONTENT OR EasyDMARC CONTENT) AVAILABLE ON OR THROUGH THE EasyDMARC SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE EasyDMARC SERVICES IS AT YOUR SOLE RISK. EasyDMARC DOES NOT WARRANT THAT YOUR USE OF THE EasyDMARC SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND EasyDMARC SPECIFICALLY DISCLAIMS SUCH WARRANTIES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EasyDMARC, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, COST OF COVER, LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES WHATSOEVER ARISING OR RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON OR THROUGH THE EasyDMARC SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE EasyDMARC SERVICES, INCLUDING, WITHOUT LIMITATION, MAKING PRIVATE CONTENT PUBLIC OR ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE EasyDMARC SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF EasyDMARC SERVICES AND/OR ANY AND ALL PERSONAL, PRIVATE, AND/ OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE EasyDMARC SERVICES OR THROUGH THE EasyDMARC SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE EasyDMARC SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE EasyDMARC SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING EasyDMARC CONTENT OR USER CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT (INCLUDING USER CONTENT) OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EasyDMARC SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EasyDMARC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Export Control

Users may not download, use, export or re-export any materials or Content (including User Content and EasyDMARC Content) posted or submitted on or through the EasyDMARC Services or any software utilized or available in connection with the EasyDMARC Services in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations and controls.
Governing Law and Venue

The Terms, Privacy Policy, and Additional Terms shall be governed by the laws of the State of California without giving effect to any conflicts of laws principles. The United Nations Conventions for International Sale of Goods does not apply to this agreement.

Dispute Resolution

In the event a dispute cannot be resolved through communications with EasyDMARC, any dispute, claim, or controversy arising out of or relating to the Terms, Privacy Policy, or Additional Terms, or your use of the EasyDMARC Services, shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and such dispute shall be resolved in Los Angeles, California, United States. Judgment on any award entered by the arbitrator may be enforced in any court having jurisdiction thereof. You acknowledge and agree that you may bring claims against EasyDMARC only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. We each agree that any claims not subject to arbitration shall be litigated exclusively in a state court located in California or in the United States District Court for the Northern District of California, and you consent to personal jurisdiction in those courts.

Other Terms

In any action to enforce the Terms, Privacy Policy, or Additional Terms the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against EasyDMARC, or its affiliates, officers, directors, or agents, must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under the Terms to any party, and any purported attempt to do so will be null and void. EasyDMARC may freely assign its rights and obligations under the Terms. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by EasyDMARC to enforce or exercise any provision of the Terms or related rights shall not constitute a waiver of that right or provision. All notices to you shall be made in writing and delivered via email to the email address designated by you in your user account or by otherwise posting such notices on the EasyDMARC Services. EasyDMARC reserves the right to broadcast notices or messages through the EasyDMARC Services to inform you of changes to the EasyDMARC Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of publication. These Terms, together with the Privacy Policy, the Additional Terms, and any other legal notices published by EasyDMARC, constitute the entire agreement and understanding between the parties concerning the subject matter of the Terms and supersede all prior agreements and understandings of the parties with respect to that subject matter. The Terms may not be amended or modified, except by a written agreement signed by the parties.

Changes to these Terms

EasyDMARC reserves the right to alter these Terms at any time in its sole discretion. If the alterations constitute a material change to these Terms, EasyDMARC will notify you by posting the updated Terms to the EasyDMARC Website. Your continued use of the EasyDMARC Services after such notification of changes to the Terms will constitute your agreement and acceptance to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the EasyDMARC Services. You agree to review the EasyDMARC Website periodically for any such changes to the Terms.

Reporting Violations

If you become aware of any misuse of the EasyDMARC Services or any violation of the Terms, Privacy Policy, or Additional Terms, please report such misuse and/or violation by sending an email to EasyDMARC at ops[at]easydmarc[dot]com.

Questions or Additional Information

If you have any questions regarding the Terms, please contact us by e-mail at ops[at]easydmarc[dot]com “Attention: Terms of Use.”

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