the EASIEST SYSTEM EVER
TERMS OF SERVICE
Updated 3_/2018
PLEASE READ THE FOLLOWING TERMS OF
SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE.
The following are the terms and conditions for use of
www.easiestsystemever.com and its services (collectively, the "Website").
The Website is owned and operated by Easiest System Ever, L.L.C.
("ESE" or "us," or "we").
By accessing the Website, continuing to access the Website,
or submitting any information through the Website, and in consideration for the
services ESE provides to you, YOU (the terms "you" or
"yours" includes the person or entity that is accessing the Website
as well as any third-parties accessing the Website on your behalf) ARE STATING
THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE
USE OF THE WEBSITE AND ITS SERVICES (the "Terms"). Use of the Website
is offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein.
I. OVERVIEW; ACTIVE PARTICIPATION
AND EARNINGS DISCLAIMER
ESE operates EasiestSystemEver (ESE). ESE is an online system where
Member Program.
The EasiestSystemEver Member Program allows existing members to
earn commissions when they sell any number of digital products. These digital
products that members sell cover a wide range of topics; including (but not
limited to): Internet Marketing, Entrepreneurship, Personal
Development, and much more.
EasiestSystemEver already has the products and the websites created
for it's members, all the member needs to do is
promote their products and earn commissions
There is no "Multi-Level" aspect to the EasiestSystemEver Program
Affiliate Program.
Anyone can join the ESE Affiliate Program for free. There is
never any charge to be a ESE Affiliate. Affiliates earn commissions on sales of
the EasiestSystemEver program through their affiliate link. An affiliate need not be a
member of the Member Program in order to earn commissions on the sale.
Earnings Disclaimer.
ESE does not make any representation or guarantee that any
participants in either the Member Program or the Affiliate Program can, or are
likely to, achieve any specific level of revenue.
You should not expect to experience the results contained in
any testimonials.
ESE does not guarantee you will earn any income from your
use of any ESE products or services.
ESE does not guarantee you will earn income in any
particular timeframe.
ESE does not guarantee you will earn any particular level of
income.
ESE does not guarantee that you will recoup the cost of the
Member Program.
ESE does not guarantee that generating leads will result in
sales or commissions. In other words, whether you generate a lead or pay ESE to
generate traffic for you, ESE cannot and does not guarantee that any such leads
or traffic will result in actual sales or commissions.
ESE does not guarantee any particular conversion rates for
leads or commissions.
Any potential for revenue is dependent upon your active
participation, effort, and contribution to your chosen ESE Program and your MLM
Company (if applicable).
Leads, Lists, and Contacts.
Both you and ESE have the right to use all leads, lists, or
contacts generated or submitted through any ESE services. Specifically, you
grant to ESE a perpetual license to use all leads, lists, or contacts generated
or submitted through any ESE services by you, or on your behalf, for any and
all lawful purposes.
II. USER ACCOUNTS, REGISTRATION, AND
INFORMATION SUBMISSION
Registration. In
order to utilize some of the Website's services, you must register and create
an account. In order to create an account, you must complete the registration
process by providing ESE, or a third-party engaged by ESE, with complete and
accurate information as prompted by the registration form, including contact
information, a username, and password. You shall protect your password and take
full responsibility for your own and third party activities that occur under
your account. You agree to notify ESE immediately of any unauthorized use of
your account or any other breach of security. If you create an account on
behalf of an entity, these Terms bind both you and the entity.
Refusal of Service. ESE
reserves the right, with or without notice, to terminate the account of, or
refuse service to, any persons that violate these Terms, violate any party's
intellectual property rights, abuse other Website users, misuse the Website or
its services, or otherwise engage in inappropriate conduct, as determined by
ESE in its sole discretion.
III. MODIFICATIONS TO TERMS OF
SERVICE AND OTHER POLICIES
ESE reserves the right to change or modify any of the terms
and conditions contained in these Terms or any policy governing the use of the
Website or its services, at any time, by posting the new terms on the Website.
The most current version of these Terms will be located on this page. You understand
and agree that your access to or use of the Website is governed by the
then-current Terms that are effective at the time of your access to or use of
the Website. If we make material changes to these Terms, we will notify you by
updating the "Updated" date indicated at the top of this page with
the date that revisions to these Terms were last made. You should revisit these
Terms on a regular basis as revised versions will be binding upon you. Any such
modification will be effective upon our posting of such new Terms. You
understand and agree that your continued access to or use of the Website after
the effective date of modifications to the Terms indicates your acceptance of
the modifications .
IV. PROPRIETARY RIGHTS
ESE expressly reserves all right, title, and interest in and
to the Website and the Website's content, including any copyright, patent, or
trademark or other intellectual property right, or federal or state right,
pertaining thereto.
V. USER-GENERATED/THIRD-PARTY
CONTENT
Overview and Age Restrictions. The
Website and its services may, from time to time, allow users and third-parties
to upload, post, or otherwise transmit user-generated content, including but
not limited to comments, recommendations, pictures, reviews, images, and other
forms of data or communications. ("User Content"). By submitting User
Content, you represent that you are 13 years of age or older, and, if under the
age of 19, you are either an emancipated minor, or have obtained the legal
consent of your parent or legal guardian to enter into these Terms and use the
Website and its services.
User Obligations and License ;
Intellectual Property. You alone own and are solely responsible for all
User Content you post, upload, or otherwise transmit (collectively
"Post") through the Website and once Posted, it cannot always be
withdrawn. You agree not to Post through the Website any User Content which is
false, defamatory, infringes upon another party's intellectual property, or is
otherwise illegal. By Posting User Content on the Website, you warrant and
represent that you have the right to post such information and that such
information is truthful and accurate.
By Posting User Content, you automatically grant, and
warrant and represent that you have the right to grant, ESE a perpetual,
irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform,
display, and distribute such User Content for any purpose and to prepare
derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User
Content on the Website, including anyone's reliance on its quality or
reliability. By Posting User Content you may expose yourself to liability if,
for example, your Posted User Content contains material that is false,
intentionally misleading, or defamatory; violates any third-party right,
including any copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or proprietary
right; contains material that is unlawful, including illegal hate speech or
pornography; exploits or otherwise harms minors; or violates or advocates the
violation of any law or regulation.
Rules of Conduct. In
addition to all other obligations and terms stated in these Terms, you agree to
abide by any rules of conduct or community guidelines posted on the Website.
ESE reserves the right to exclude or suspend any user who violates these rules
of conduct, and reserves the right, but does not undertake an affirmative
obligation, to remove, screen or edit any content which is contrary to these
rules without prior notice. User Content does not necessarily reflect the
opinion of ESE.
Communications Decency Act .
As provided in 47 U.S.C. 230(c)(1), ESE is only a distributer, and not the
publisher or speaker, of any User Content. As such, ESE cannot be held liable
for making available any User Content which may be false or inaccurate. Any
information or opinions contained in the User Content made available through
the services are those of their respective authors alone. ESE does not
guarantee the accuracy, completeness, or truthfulness of any User Content.
Under no circumstances will ESE be responsible for any loss or damage resulting
from any person's reliance on any User Content.
Reservation of Rights . Subject to
Section VI below, regarding the DMCA, ESE reserves the right to remove or not
remove any User Content from the Website for any reason or no reason at all, in
ESE's sole discretion. This reservation includes the exclusive right to decide
whether to publish, withdraw, postpone, or alter any User Content. ESE reserves
the right, but does not undertake any affirmative obligation, to screen,
monitor, or filter User Content.
Information Storage and Access. ESE
reserves the right, in its sole discretion, to determine whether and how long
to store User Content and user data. ESE will not be responsible for any
liability related to the deletion or removal or any data or content maintained
on the Website or ESE's servers.
Suggestions
. By sending us any ideas, suggestions, documents or
proposals ("Feedback"), you agree that (i)
your Feedback does not contain the confidential or proprietary information of
third parties, (ii) we are under no obligation of confidentiality, express or
implied, with respect to the Feedback, (iii) we may have something similar to
the Feedback already under consideration or in development, and (iv) you grant
us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to
use, modify, prepare derivative works, publish, distribute and sublicense the
Feedback, and you irrevocably waive, and cause to be waived, against ESE and
its users any claims and assertions of any rights, whether intellectual property
rights or otherwise, contained in such Feedback.
VI. DIGITAL MILLENNIUM COPYRIGHT ACT
ESE respects the intellectual property rights of others and
complies with safe harbor provisions of the Digital Millennium Copyright Act
("DMCA"). Anyone who believes that their work has been reproduced on the
Website in a way that constitutes copyright infringement may notify ESE's
copyright agent in accordance with Title 17, United States Code, Section
512(c)(2), by providing the following information:
- Identification
of the copyrighted work that you claim has been infringed;
- Identification
of the material that you claim is infringing and needs to be removed,
including a description of where it is located on the Website so that the
copyright agent can locate it;
- Your
address, telephone number, and, if available, e-mail address, so that the
copyright agent may contact you about your complaint; and
- A
signed statement that the above information is accurate; that you have a
good faith belief that the identified use of the material is not
authorized by the copyright owner, its agent, or the law; and, under
penalty of perjury, that you are the copyright owner or are authorized to
act on the copyright owner's behalf in this situation.
Notifications of claimed infringement should be forwarded
to:
[Insert name of DMCA Agent] [Also,
need to file the name of the DMCA agent with the U.S. Copyright Office.
If you give notice of copyright infringement by text e-mail, ESE's copyright
agent may begin investigating the alleged copyright infringement; however, we
must receive your signed statement by mail or as an attachment to your e-mail
before we are required to take any action.
ESE reserves the right, in its sole discretion, to terminate
accounts for users that are deemed to be repeat copyright infringers.
VII. PAYMENT AND REFUND POLICY
If you purchase ESE's premium services, or any other product
or service available for purchase through the Website or ESE's services
("Premium Services"), then you consent to ESE storing your payment
information. You agree to pay the applicable fees for the Premium Services as
they become due and to reimburse ESE for all collection costs and interest. The
failure to pay may result in the termination of your account or subscription.
Your obligation to pay fees continues through the end of the subscription
period during which you cancel your subscription. ESE does not guarantee
refunds for lack of usage or dissatisfaction. Prices are subject to change.
Easiest Sales System is a division of Easiest System Ever
L.L.C., all credit card charges for purchases made through the Website will
appear as Easiest System Ever L.L.C.
If you purchase the Member Program, your credit card will be
charged the applicable price and then the same amount every 30 days or 180 days
based on your chosen billing schedule. You can choose to cancel at any time by
giving ESE 10 days' advanced notice.
ESE does not guarantee any refunds. ESE, may, in its
discretion, provide you a limited refund if ESE receives your request to
terminate your account before ESE charges your account for the following term.
The maximum refund you could receive would be the amount charged to your
account after you provided ESE notice that you want to terminate your account.
VIII. THIRD-PARTY SERVICES
The use of one or more third parties may be necessary for
you to take full advantage of the ESE Programs.
You may need to obtain and pay for accounts with third-party
service providers such as Get Response and AWeber in
order to utilize some or all of ESE's services.
The Website or its services may use or provide access to one
or more third-parties to process payments, process account or user
registrations, or provide other services. The use of such third-party services
are subject to the third-party's terms of service. Any disputes arising
regarding a third-party's services must be resolved directly between user and
the third-party. ESE disclaims all warranties or representations regarding any
third-party services.
IX. REPRESENTATIONS, WARRANTIES, OR
DISCLAIMERS
ESE does not represent or warrant and expressly disclaims
any warranty that (i) any information provided by the
Website will be accurate, (ii) the Website or related services will be
error-free or accessible at all times, (iii) defects will be corrected, (iv)
the Website or the server that makes it available, are free of viruses or other
harmful component, or (v) the use or the results of the use of the Website or
the materials made available as part of the Website will be correct, accurate,
timely, or otherwise reliable.
Further, ESE expressly disclaims any representation
or warranty relating to any products, services, or companies displayed,
described, advertised, reviewed, recommended, linked to, or pictured on the
Website, including any MLM companies or services. ESE does not endorse any such
products, services, or companies and does not warrant that any such products,
services, or companies are available, will meet the user's needs, are
appropriate for any particular use, or are of any certain quality. Likewise,
ESE does not guarantee that any product, service, or company descriptions,
reviews, portrayals, specifications, or the like are accurate. Under no
circumstances will ESE be responsible for any loss or damage resulting from any
person's reliance on any such product, service, or company descriptions,
reviews, or specifications contained on the Website.
THE WEBSITE AND ITS SERVICES ARE PROVIDED "AS IS" AND THERE
ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ESE EITHER EXPRESS,
IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE, INCLUDING WARRANTIES OF
QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING,
COURSE OF PERFORMANCE, OR TRADE USAGE. ESE DOES NOT WARRANT THAT THIS WEBSITE'S
SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE
WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY
INFORMATION, PRODUCTS, OR SERVICES PROVIDED THROUGH THE WEBSITE. THE FOREGOING
EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED
THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO
NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO
YOU.
If you access the Website or any of its related services
through a mobile device, your wireless service carrier may charge you data
rates and related fees.
X. HYPERLINKS
A link from the Website to a non-ESE website (including an
MLM company) does not mean that ESE endorses or accepts any responsibility for
the content, functioning, policies, or use of such website, and you enter any
such website at your own risk. It is your responsibility to take precautions to
ensure that whatever websites or other online materials that you select for use
are free of viruses and other items of a destructive nature. Additionally, we
suggest you review the linked site's terms of service and privacy policy, and
if you do not agree to be bound by the terms of that site, terminate your visit
to that site. We are not responsible for the privacy policies and practices of
the sites operated by our business partners or other third parties. ESE
expressly disclaims any liability related to such sites. ESE also prohibits
unauthorized hypertext links to the Website or the framing of any content
available through the Website. ESE reserves the right to disable any
unauthorized links or frames.
XI. COMPLIANCE AND PROHIBITED
ACTIONS
You will not use the Website or its services in any way or for
any purpose that would violate, or would have the effect of violating, any
applicable laws, rules or regulations or any rights of any third-parties,
including without limitation, any law or right regarding any copyright, patent,
trademark, trade secret, or other proprietary or property right, false
advertising, unfair competition, defamation, invasion of privacy, rights of
celebrity, or other federal or state law, rule, or regulation.
You may not attempt to try to "trick" the ESE system,
manually add the names of people who have not asked to be contacted, or, engage
in any other behavior that is deemed dishonest or against best practices. Such
conduct will result in the immediate cancellation of your account without
refund.
XII.
INDEMNIFICATION
You agree to indemnify, hold harmless and defend ESE, at
your expense, against any and all third-party claims, actions, proceedings, and
suits brought against ESE or any of its officers, directors, employees, agents
or affiliates, and all related liabilities, damages, settlements, penalties,
fines, costs or expenses (including, without limitation, reasonable attorneys'
fees) incurred by ESE or any of its officers, directors, employees, agents or
affiliates, arising out of or relating to (i) your
breach of any term or condition of these Terms, (ii) your posting of User
Content, (iii) your use of the Website, or (iv) your unauthorized use of the
Website. In such a case, ESE will provide you with written notice of such
claim, suit or action. You shall cooperate as fully as reasonably required in
the defense of any claim. ESE reserves the right, at its own expense, to assume
the exclusive defense and control of any matter subject to indemnification by
you.
XIII. LIMITATIONS
OF LIABILITY
ESE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A)
INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF
PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER
BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY,
OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR
OTHERWISE, EVEN IF ESE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS
PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE
CONTRARY, ESE'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR
DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR
RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE
FEES PAID BY YOU FOR THE WEBSITE'S SERVICES DURING THE PREVIOUS SIX MONTHS, OR
(2) ONE HUNDRED AND 00/100 DOLLARS ($100). YOUR SOLE AND EXCLUSIVE RIGHT AND
REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY
OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR
USE OF THE WEBSITE
XIV. TERMS AND TERMINATION
You may terminate these Terms at any time by closing your
account, discontinuing your use of the Website and providing ESE with a notice
of termination. Please review our Privacy Policy for information about what we
do with your account when terminated. We may terminate your account, suspend
your ability to use certain portions of the Website and/or ban you altogether
from the Website for any or no reason, and without notice or liability of any
kind. Any such action could prevent you from accessing your account, the
Website, your User Content, other content on the Website, or any other related
information. In the event of any termination of these Terms, whether by you or
by ESE, the preamble and Sections IV, V, IX, XI-XIII, and XVII-XVIII will
continue in full force and effect, including our right to use your User Content
as detailed in Section V.
XV. PRIVACY
The Website is governed by the Easiest System Ever L.L.C.
Privacy Policy which is incorporated into these Terms by this reference. Please
read the Privacy Policy before accessing the Website or providing any personal
information through the Website or its services.
My submitting your contact information to ESE, you consent
to ESE contacting you via any of the contact information you provide, including
telephone or email.
By submitting any information to ESE, you consent to ESE
disclosing that same information to any affiliate that referred you to ESE
through the use of a hyperlink associated with that affiliate.
XVI. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside and to comply with any other local laws affecting the
transmission or posting of content or affecting the privacy of persons.
XVII. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the
laws of the state of Georgia without reference to its conflicts of law
principles. In the event of any conflicts between foreign law, rules, and
regulations, and Georgia law, rules, and regulations, Georgia law, rules and
regulations shall prevail and govern. Each party agrees to submit to the
exclusive and personal jurisdiction of the courts located in the State of
Georgia. The United Nations Convention on Contracts for the International Sale
of Goods and the Uniform Computer Information Transactions Act shall not apply
to these Terms. The services provided by ESE hereunder are controlled by U.S.
Export Regulations, and they may not be exported to or used by embargoed
countries or individuals. Any notices to ESE must be sent to:
Easiest System Ever LLC
10945 State Bridge Rd Suite 401-274
Alpharetta, GA 30022
via first class or air mail or overnight courier, and are
deemed given upon receipt.
XVIII. MISCELLANEOUS
These Terms (including any amendment agreed upon by the
parties in writing) represent the complete agreement between us concerning its
subject matter, and supersedes all prior agreements and representations between
the parties. If any provision of these Terms are held to be unenforceable for
any reason, such provision shall be reformed to the extent necessary to make it
enforceable to the maximum extent permissible so as to affect the intent of the
parties, and the remainder of these Terms shall continue in full force and
effect. A waiver of any default is not a waiver of any subsequent default. The
relationship between ESE and you is not one of a legal partnership
relationship, but is one of independent contractors. These Terms shall be
binding upon and inure to the benefit of the respective successors and assigns
of the parties hereto.
ESE may be contacted at any of the following:
Easiest System Ever LLC
10945 State Bridge Rd Suite 401-274
Alpharetta, GA 30022
Telephone: 770-573-4694
Email: [email protected]