Terms of Service
The following agreement is between EA Setup and You (Client).
WHEREAS, EA Setup and its services (easetup.com) is a Remote Access Service offering Expert Advisors setup services.
WHEREAS, Client seeks to use these services;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, EA Setup can make no guarantee that any given party shall be able to access another made available by EA Setup at any given time. EA Setup represents that it shall make every good faith effort to ensure that the service is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
Deposits for Development
Client must deposit funds with the Company; prior to any service, in the amount dictated by the company.
II. Taxes:
EA Setup shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or EA Setup's Service. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products:
EA Setup will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section IX of this agreement, relating to Lawful Purpose, and with respect to the EA Setup Policies.
EA Setup makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. EA Setup also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of funds, data, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of EA Setup is at the Client's own risk, and EA Setup specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. EA Setup does not represent guarantees of speed or availability of end-to-end connections.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
V. Age:
Client certifies that he or she is of full legal age to enter into this agreement.
VI. Policies:
Client agrees to all terms in the EA Setup Terms Of Service Agreement.
EA Setup network resources used by Client may not be used to impersonate another person or misrepresent authorization to act on behalf of others or EA Setup. All messages transmitted by Client should correctly identify the sender. Users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VII. Termination:
1. EA Setup may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement.
2. Termination for any violation of the EA Setup Policies and Terms of Service Agreement shall be immediate. EA Setup may, at its option, cancel or suspend service immediately should it believe Client has violated or is about to violate the EA Setup Terms of Service or should the Client fail to remit payment to EA Setup by the Client's invoice due date.
3. Client may be liable for certain fees relating to termination when such termination is due to Unsolicited Commercial E-Mail.
VIII. Limited Liability:
1. Client expressly agrees that use of the services offered by EA Setup is at Client's sole risk. Neither EA Setup, its employees, affiliates, agents, merchants licensers or the like, warrant that the Service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the EA Setup Service Agreement.
2. Under no circumstances, including negligence, shall EA Setup, its offices, agents or anyone else involved in creating, producing or distributing EA Setup's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the EA Setup service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to EA Setup's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on EA Setup's service.
IX. Lawful Purpose:
Client may only use EA Setup's service for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.
X. Indemnification:
Client agrees that it shall defend, indemnify, save and hold EA Setup harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against EA Setup, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless EA Setup against Liabilities arising out of any of the following:
i. any injury to person or property caused by any products sold or otherwise distributed in connection with EA Setup's service;
ii. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; and
iii. copyright infringement.
XI. Contract Revisions:
Revisions to this Contract will be considered agreed to by the Client on renewal of EA Setup Services.