Terms & Conditions

By using this site, you agree to be bound by all of the Terms and Conditions set forth below. If you do not accept these Terms and Conditions, please do not use this site. These Terms and Conditions supersede any other agreement you may have with EmailMeForm regarding this subject matter. EmailMeForm may, in its sole discretion, revise these Terms and Conditions at any time.

VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE EMAILMEFORM SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE EMAILMEFORM SITE AT YOUR OWN RISK.

Usage

This Agreement grants a non-exclusive, non-transferable license to install and use the Software to create web forms. Additional Software licenses must be purchased in order to install and use the Software for additional forms. EmailMeForm reserves the right to determine whether use of the Software qualifies under this Agreement. EmailMeForm owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement.

Trademarks

The names, marks and logos appearing on the site are, unless otherwise noted, trademarks owned by or licensed to EmailMeForm. Your use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, EmailMeForm makes fair use in this site of trademarks owned and used by third parties. EmailMeForm makes no claim to ownership of those marks. The contents of this site, such as text, graphics, images and other content (the "Site Material") are protected by copyright under both United States and foreign laws. These Terms and Conditions do not grant you any license whatsoever to the Site Material. EmailMeForm authorizes you to view and download a single copy of the Site Material for your non-commercial personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, you may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited. EmailMeForm retains all intellectual property rights in the Site Material.

Feedback

EmailMeForm welcomes your comments on our site; however, you acknowledge that if you send us creative suggestions, ideas, recipes, notes, drawings, concepts, inventions or other information, (collectively, the "Information"), the Information shall be deemed, and shall remain EmailMeForm property. By submission of any Information to us, you assign to us and we shall own exclusively all rights to such Information of every kind and nature.

Prohibited behavior

As a user of this Web site, you are responsible for your own behavior. Any of the following actions will be dealt with severely:

  1. transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner;
  2. send material that reveals trade secrets, unless you own them or have the permission of the owner;
  3. send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  4. send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
  5. intentionally or unintentionally violate or encourage conduct that would violate any local, state, or federal law;
  6. send advertisements or solicitations of business;
  7. send chain letters or pyramid schemes or
  8. impersonate another person;
  9. phish, collect, upload, post, email, transmit or otherwise make available any login data, passwords, or private financial information for other web sites, software or services;
  10. use the Software to provide services to others; such as the basis of a hosted form-building service, or any other services which is a direct competition against EmailMeForm;
  11. distribute derivative works based on the Software;
  12. reproduce the Software except as described in this Agreement;
  13. sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software or its Source Code, in whole or in part, in any form to any third parties;
  14. remove or alter any copyright notices on the Software (note: you may remove the "Powered by EmailMeForm" footer from your forms);
  15. use the Software in any site which endorse unlawful manner or for any unlawful purpose;
  16. use any manual or automated software, devices, or other processes to crawl, spider or screen scrape any web pages contained in the site.

EmailMeForm reserves the right to expel you and to prevent you further access to this site for violating these Terms and Conditions terms or the law. The violation of any of these Terms and Conditions shall result in the immediate revocation of your right to access or use the site or Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.

EmailMeForm has a strong antispam and anti-phishing policy, we immediately terminate any account proven to be used for illegal purposes.

Termination and modification

You may use the Software under this Agreement until either party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately uninstall and cease all use of the Software. The Sections entitled "No Warranty," "Indemnification," and "Limitation of Liability" will survive any termination of this Agreement.

EmailMeForm may modify the Software with notice to you either in email or by publishing content on the Software website, including but not limited to changing the functionality or appearance of the Software, and such modification will become binding on you unless you terminate this Agreement.

Prices for monthly subscription plan fees to EmailMeForm are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the EmailMeForm site.

EmailMeForm shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any EmailMeForm site.

Data retention policy

EmailMeForm is driven to maintain a clean and updated user database. For this reason, inactive user accounts will be closed and deleted. Users who do not log in to their account for a continuous period of 1 year will be tagged as inactive. Affected users, which may include account owner and form notification recipients, will receive a series of emails to give them fair warning.

If no action is taken during the fair warning period, the account will be closed and scheduled for permanent deletion. The data will temporarily remain on our servers after account deletion until the automatic clean-up schedule.

Payment, refunds, and downgrades

A valid credit card is required for paying accounts. Free accounts which provide a limited access to the Service are not required to provide a credit card number. The EmailMeForm site is billed in advance on a monthly basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

DOWNGRADING YOUR EMAILMEFORM SITE MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. EMAILMEFORM DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Limitation of liability

EMAILMEFORM DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE OR THE SITE MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, EMAILMEFORM SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" AND "AT YOUR OWN RISK" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EMAILMEFORM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH EMAILMEFORM STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of consequential damages

IN NO EVENT SHALL EMAILMEFORM, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EMAILMEFORM.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links

This site contains links to web sites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by EmailMeForm of the contents on those other sites. EmailMeForm is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this site, you do so at your own risk. Consult the Uniform Resources Locator ("URL") address identified in your browser to determine whether you have linked to a third-party site.

Indemnity

By using this site, you agree to defend, indemnify, and hold harmless EmailMeForm, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that EmailMeForm may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms and Conditions. EmailMeForm reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Miscellaneous

This Web site originates from San Mateo County California, USA. Access to the Site Material may not be legal by certain persons or in certain countries. If you access the site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms and Conditions are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in San Mateo County, California with respect to any dispute, disagreement, or cause of action related to or involving this site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our site, these Terms and Conditions constitute the entire agreement between you and EmailMeForm with respect to your use of this site.

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