This SEsheets Terms of Subscription Service (the "Agreement")
constitutes a legal, binding agreement between SEsheets.com and
you, with respect to the Service defined in Section below.
Your access to and use of the Subscription Service is conditioned
on your compliance with these Terms. By accessing and using the
Subscription Service, you are consenting to be bound by these Terms.
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To register for the Service, you will be required to register
and create an online account which will be used to manage your
use of the Service hereunder ("Account"). All information required during
the Account set-up process must be provided and be complete and accurate
in all respects. You must keep your Account and password confidential.
You are solely responsible for any and all activity initialized
through your Account. You agree to immediately notify
SEsheets of any unauthorized use of your Account.
2. SUBSCRIPTION SERVICE
SEsheets shall provide you with access to and use of the Service via the
Service login page. As used herein, "Service" shall mean all
SEsheets online Web-based software as a service specified on the order
documentation provided to you. Subject to your compliance with the
terms and conditions of these Terms, including your payment of the
applicable subscription fee for the use of the Subscription Service,
SEsheets grants you a nonexclusive, nontransferable, revocable,
limited license to use the Subscription Service, solely for use as
contemplated under these Terms. SEsheets reserves the right to
prohibit any conduct by you and/or to cancel your subscription
where SEsheets deems, in its sole and absolute discretion, that you
have violated the terms of these Terms.
3. RESTRICTIONS
You ("User") shall not: (i) make the Service available to anyone
other than
Users; (ii) copy, modify, create a derivative work of or gain unauthorized
access to the Service, including without limitation for the purpose of
developing a similar or competitive product or service; (iii) interfere with
or disrupt the integrity or performance of the Service or third-party data
contained therein; or (iv) attempt to gain unauthorized access to the Service
or related systems or networks.
4. EVALUATION USE
In the event that you have accessed the Service for evaluation and trial purposes
only, the terms of this paragraph shall apply in addition to all the other terms
of this Agreement. Your right to use the Service commences when SEsheets provides
your evaluation login and automatically terminates by the end of Evaluation Period.
Service provided to you for evaluation purposes will automatically disable itself
at the end of the Evaluation Period, as it employs a restriction mechanism which
restricts the program to a limited period of time.
5. SUBSCRIPTION FEES
In order to access and use the Service, you are required to pay to SEsheets
the subscription fees as set by your subscription plan. Subscription fees are
due and payable at the start of the subscription term. All subscription fees
are non-refundable once paid. SEsheets will bill you through your Account for
the use of the Subscription Service. You agree to pay SEsheets the subscription
fees then in effect for the use of the Subscription Service by you, and you
authorize SEsheets to charge your chosen payment provider for the Subscription
Service.
6. INFORMATION COLLECTION AND USE
When using our Service, we will ask you for certain personally identifiable
information. This refers to information about you that can be used to contact
or identify you, and information on your use or potential use of the Service
("Personal Information"). Personal Information that we might collect would
include things like, your name, your email address and home and business
postal addresses, credit card or other billing information, and any other
information or data that you provide to the Service. You are under no obligation
to provide us with these credentials. We use your Personal Information to provide
the Service and administer your inquiries. You may change or delete any
information that you provide. Please use caution when linking or posting any
Personal Information, as such information may be viewed by other users of the
Service.
We will not rent, sell, or share personal information about you with other
people or nonaffiliated companies except to provide the Service.
We use Personal Information for the following purposes: (i) to administer
the Service, (ii) to enable users to easily navigate the Service, (iii) to
provide, improve and optimize the Service, (iv) to better understand users'
needs and interests, (iv) to personalize your experience, (v) to provide you
with software updates and/or product announcements, and (vi) to provide you
with further information and offers from us that we believe you may find useful
or interesting. If you decide at any time that you no longer wish to receive
such communications from us, please follow the unsubscribe instructions provided
in any of the communications or select the appropriate option in your user profile.
7. CONTENT
Any information, text, images, graphics, or other materials posted, submitted or
appearing on the Service ("Content") must comply with these Terms.
You are responsible for any Content that you post, upload and otherwise
submit to the Service and the consequences of posting or publishing it.
By submitting Content to SEsheets, you hereby grant SEsheets a non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the Content
in connection with the Service and SEsheets' business, including without
limitation for promoting and redistributing part or all of the Service
in any media formats and through any media channels. By submitting Content,
you affirm, represent, and/or warrant that you own or have the necessary
licenses, rights, consents, and permissions to use and authorize SEsheets
to use all rights in and to any and all of your Content in the manner
contemplated by the Service and these Terms.
In connection with providing Content, you further agree that you will not submit
Content that violates a third party's proprietary rights, including privacy and
publicity rights, or that otherwise violates any applicable law. SEsheets does
not endorse any Content or any opinion, recommendation, or advice expressed
therein, and SEsheets expressly disclaims any and all liability in connection
with any Content. We reserve the right at all times to remove or refuse to
distribute any Content on the Service, which violates these Terms for using
the Service and submitting Content. We also reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce the Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or (v) protect the rights, property or
safety of SEsheets, its users and the public.
8. LIMITED WARRANTY
Subject to the terms and conditions of this Agreement and during the Term,
SEsheets warrants to you that (a) it has the right to provide you with a
subscription in the Service in accordance with the terms and conditions of this
Agreement, and (b) it will provide the Service to you in a professional manner
as measured by current industry standards. SEsheets' sole liability for any
breach of the warranty shall be, in SEsheets' sole discretion and at no charge
to you, to use commercially reasonable efforts to provide you with an error
correction or work-around that corrects the reported non-conformity, or
if SEsheets' determines such remedies to be impracticable, to allow you to
terminate this Agreement and receive as your sole remedy a refund of any
fees you have pre-paid for use of the Service that you have not received as
of the date of the warranty claim.
9. DISCLAIMER
Considerable time, effort and expense have gone into the development of this
website and Web-based software, and it has been thoroughly tested and used.
However, no warranty is made on its accuracy or reliability. It is the
responsibility of the engineer to verify the results obtained from the
software. In the event the software is found to be defective, SEsheets'
only obligation is to remedy the defect. SEsheets will in no event have
obligations or liabilities for incidental or consequential damages associated
with the use of the software.
10. MODIFICATIONS
SEsheets reserves the right, in its sole discretion, to modify, discontinue or
terminate the Subscription Service at any time, or modify these Terms without
advance notice. All modified terms and conditions will be effective thirty (30)
days after the new terms and conditions have been posted on the Site. If any
modified terms and conditions are not acceptable to you, your sole remedy is
to cease using the Subscription Service. By continuing to access or use the
Subscription Service after we have posted the new terms and conditions on
the Site, you agree to be bound by such changes.
