By subscribing to any services offered by Easy Splash Page (hereinafter referred to as "the Service" and/or “service(s)”) the client accepts to use the service in
compliance with the Terms of Service stated below. Whenever used in these Terms of Service, the following terms shall have the meaning defined hereinafter. "Easy
Splash Page" and/or “Company” shall denote the Service Provider; "Client" and/or "you" shall refer to any natural person or entity that uses any Service available or
referred to on the www.easysplashpage.com website, “Subscription” is one account hosted on Easy Splash Page servers, “Subscription fee” will be the agreed upon
amount and terms for a service hosted on Easy Splash Page’s servers; “registered user” shall refer to an Easy Splash Page customer that is current on all payments,
“default user” shall denote a Client that still has access to an Easy Splash Page services but is in default on payments, “defaulted user” shall denote a previous
registered user that does not currently have an active Subscription. By purchasing, accessing, installing or otherwise using the Service, you agree to be bound by this
Agreement. Please retain a copy of this Agreement for your records. If you do not agree with the Terms and Conditions of this Agreement, please do not use the
Service.
1. Product
Easy Splash Page provides a host of services that gives you access to a library of web marketing tools, including but not limited to: (1) Access to the library of splash
page templates, without the ability to customize the copy (2) Access to the library of splash page templates, with limited ability to customize the copy (3) Access to
the library of sales page templates, with limited ability to customize the copy (4) Software which captures clients who enter their information into certain fields (5)
Hosting for products 1-4, and in some cases products 6 and 8 in this list (6) Customized splash or sales pages (7) Lifetime domain name registration (8) Any other
products that Easy Splash Page decides to market.
Within these services, Easy Splash Page offers 3 packages:
1) “Professional” - One Subscription of a static splash page. Includes access to the library of splash pages which Easy Splash Page currently has available, with
unlimited ability to update the one Subscription with one different static landing page.
2) “Power” - One Subscription of a splash page. Includes access to the library of splash pages which Easy Splash Page currently has available, with unlimited ability
to update the one Subscription with one different splash page. This program also allows the customization of the headline on the Subscriptiond page as well as any
copy that currently resides on the chosen template.
3) “Premium” - One Subscription of a splash page and one Subscription of a sales page. Includes access to the library of splash pages and sales pages which Easy
Splash Page currently has available, with unlimited ability to update eash Subscription with one different splash page and one different sales page. This program also
allows the customization of the headline on the Subscriptiond pages, as well as any copy that currently resides on the chosen template.
Outside of the packages, Easy Splash Page offers these services:
1) List builder Software – Captures the names and email addresses from the autoresponder on splash pages and stores the information.
2) Custom built Pages – A splash page or sales page that is created for a client, based on their specifications, to be created and sent to the client directly to be hosted
wherever they choose.
3) Domain name registration – When one of Easy Splash Pages products comes with a domain name, the domain name is purchased and owned by Easy Splash Page.
Easy Splash Page then allows client to use the domain name as long as they are a registered user of the service.
Easy Splash Page offers several payment plans for all Subscriptions:
1) A monthly "MONTHLY" Subscription fee – Upfront includes a Set-up fee and the first months Subscription fee, and recurring includes a monthly Subscription
fee on the same day of the month the upfront fees occurred.
2) A bi-yearly "6 MONTH" Subscription fee – Upfront includes a set-up fee and the first six months Subscription fees, and recurring includes 6 months Subscription
fees on the expiration date of the previous 6 month Subscription fee.
3) A lifetime “LIFETIME" Subscription fee – Upfront includes a one-time lifetime Subscription fee which includes the first 12 months of hosting, a recurring
monthly hosting fee will start on the expiration date of the first 12 months hosting.
2. Client Obligations
The Services provided by Easy Splash Page is provided to clients which are the registered users. The Client may choose their login and password, hereinafter
referred to as the "login details". The Client is responsible for keeping the secrecy of their login details from any Easy Splash Page services that require such.
On registration to the Service, the Client agrees to:
fill out the registration form with current, complete, and accurate data; maintain and promptly update this data as current, complete and accurate as possible; choose a
service and payment plan; pay in due time all the fees accrued to the use of the Service; the Terms of Service stated herein as well as the any amended versions and
any other policy developed, published and formulated by Easy Splash Page; Read all emails sent out with amended versions of the terms of service; send or stream
through the Service only such materials that they have full rights to use and publish on the Internet; Not promote any products with the service that could be
construed as illegal or unmoral (i.e. gambling products, adult products, etc.); with any information you gather from usind the service, conform to the rules relating to
sending out electronic messages, in particular commercial electronic messages and processing of personal data in force in the country of the Client's residence as well
as the US laws (the CAN SPAM Act) and the rules of European Union.
Client agrees to use the service for what the sevice was designed for, and not knowingly use the system outside of these stated or amended and current Terms of
Service.
As it relates to any messages sent out or gathered from the service or any customized messages the client uses in the system, The Client should represent that they
either act as a consumer or conduct a business activity and use the Service for the purposes of such business. The Client is solely responsible for the contents of their
representation and all results of any misrepresentation in that matter.
The Client gives their express consent to receive commercial information about products and services of Easy Splash Page.
Upon registration to the Service, the Client expressly agrees to receive invoices issued by Easy Splash Page by electronic means of communication.
The Client realizes that they are solely responsible for the content of the materials which are posted, sent or streamed by means of the Service.
All the information and materials sent to or through the Service are sent to recipients by the Client, not by Easy Splash Page. Any and all communication to or
through the Service is transmitted between the Client and their recipients. As a result, even though a certain recipient may have opted-out from receiving
communications from Easy Splash Page, such recipient may receive certain Service-related communications sent by the Client. In addition, if applicable, Easy Splash
Page may send announcements and/or e-mails to your recipient in your name, as your agent, at your request and on your behalf. You are solely responsible for such
e-mails and the contents thereof.
The Client realizes that they are solely responsible for any actions or omissions related to processing of personal data or sending out electronic messages by means of
the Service through their account.
The Client expressly agrees that use of the Service is at their sole risk and accepts the fact that the Service is provided on an "as is" basis, without guarantees of any
kind.
Easy Splash Page reserves the right to suspend and terminate the Client's account and refuse any and all current or future use of the Service, should the Client provide
any information that is untrue, not current, inappropriate or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete.
The Client may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept
any system, data or personal information from the Service nor any website owned or controlled by Easy Splash Page.
The Client may not take any action that imposes unreasonable or disproportionately large load on the website network or other Easy Splash Page service
infrastructure.
Easy Splash Page reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel placed orders at its sole discretion. Easy
Splash Page reserves the right to refuse with an immediate effect any and all current or future use of the Service to the Client, who intentionally or maliciously evades
the obligations stated in these or any amended and current or arising from custom and other best practices of conduct on the Internet.
Easy Splash Page reserves the right to issue a warning should the Client be found using the Service for any abusive or illegal practices. Appropriate actions, such as
disabling Client's account, terminating the Service, and/or reporting the Client and the incident to proper authorities shall be taken immediately should the Client
appear to perform or be performing such practices, despite the explicit warning.
3. Abusive And Illegal Practices
1. The Client is not allowed to use the Service to send or promote any material that, intentionally or unintentionally, violates any applicable local, state, national or
international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.
2. The Client agrees that the use of the Service is subject to all applicable national, international, state, and local laws as well as any and all applicable regulations,
including the Terms of Service. Furthermore, the Client agrees that, as far as their business practices are concerned, they shall not stream, disclose, engage and/or
offer to sell any goods or services that:
are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another person's privacy, tortuous, or
otherwise violate Easy Splash Page's rules or policies; victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, politics
option, gender, sexual orientation, race, ethnicity, age, or disability; associate any content streamed through the Service with pornography, adult related material,
child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company; infringe on any patent,
trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting pictures,
logos, software, articles, musical works and videos; contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs,
cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate
services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized
access to any data or other information of any third party; impersonate any person or entity, including any of our employees or representatives; violate any law,
statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, antidiscrimination or
false advertising; offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or engage
in any unfair deceptive act or practice; are associated with any form of gambling or lottery type services; are associated with any form of adult, sexually oriented, or
obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-
rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services,
and adult websites;
are associated with the sale of: any controlled drug that requires a prescription from a Subscriptiond practitioner; or any over-the-counter drug, or nonprescription
drugs; are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable
descramblers or filters; are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns,
tear gas, stun guns, switchblade knives and martial arts weapons;
market for: nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine; alcohol of any kind; drugs of any kind, products
related to drugs, symbols related to drugs, the use of drugs of any kind; medical services, medical aid, medical assistance, medicines; video lotteries, cylindrical
games, card games, dicing, and automated games; use the Service to call on minors directly to purchase products or services; encourage minors to influence their
parents or other persons with an aim of impelling them to buy products or services marketed thru the Service; take advantage of minors' inexperience and credulity;
exploit the special trust minors have in their parents, teachers or other persons; unreasonably show minors in dangerous situations, or use the Service to affect the
subconscious of a recipient; add, remove or modify the identifying header information, in an attempt to deceive or mislead the recipient; attempt to impersonate any
person or service by using forged headers or other identifying information such as name, nickname, domain name, or email address. The use of anonymous re-
mailers or nicknames does not constitute impersonation.
3. The foregoing list is non-exhaustive of prohibited goods and services.
4. Payments
The Client is obliged to pay in due time all fees for the use of the Service according to the chosen payment method.
The initial Subscription fee payment includes a set-up fee and the first agreed upon Subscription fee. Recurring payments of the actual amount for a chosen
Subscription will consist of the agreed upon Subscription fee on the first day after the expiration date of the Subscription(hereinafter referred to as the "recurring
date"). If the recurring payment is unsuccessful at that point, Easy Splash Page will retry to complete the payment (up to 3 times) in the following days and, if the
completion of the transaction is unsuccessful (after the 3rd try), Easy Splash Page will terminate the Service.. If a lifetime Subscription, or other plans that a hosting
fee is required is chosen, a hosting fee will be charged in accordance with the terms set forth in the Subscription plan All active Subscription accounts will be
entitled to:
(i) the Subscription to the Service account of a chosen type, (ii) Email and Live Chat Client Support, (iii) domain name registration for a name chosen by you (iv)
access to library of pages that is current to the service account of a chosen type as stated on www.easysplashpage.com and (v) special features as described in the
Service website. Access to the Service shall be provided to the Client for a certain period of time, according to the chosen Subscription plan, upon receiving the intial
Subscription fee payment and/or recurring payments. The Client agrees to pay recurring fees for the Subscription, per the Subscription plan. The recurring fee,
deducted automatically, is based on the price list which is presented on the www.easysplashpage.com website.
Services that Easy Splash Page offers that are not subject to Subscription fees: Any service purchased from Easy Splash Page must be paid in full, according to the
said terms prior to any work being completed by Easy Splash Page. Once payment in full is received, the Client is entitled to: (i) completion of product to the
satisfaction of Easy Splash Page as it relates to the terms for that service posted on www.easysplashpage.com (ii) Email and Live Chat Client Support, (iii) special
features as described in the Service website
Where appropriate, tax on goods and services (VAT) shall be added to the payment price in accordance with currently effective rates.
Upon the receipt of each payment Easy Splash Page will issue an invoice for the Service within 30 days. The Client expressly agrees to receive invoices issued by
Easy Splash Page by electronic means of communication.
The Client may change the Subscription plan for the next Subscription period without any charges. Though the new Subscription plan chosen will not go into effect
until the current plan is completed. If the Client chooses to pay for the new subcription plan and wishes to end the current plan that they are on, Easy Splash Page
reserves the right to not deduct any fees based on unsued time on the current plan to add the funds to the new plan. In order for this to take effect, the Client has to
email a request form of cancellation of the current plan and their wishes to start the new plan immediately. Easy Splash Page does not have the authority to make that
decision without this forementioned documentaion from the Client.
Upon receiving payment, Easy Splash Page sends an email to the Client, containing a payment confirmation receipt and an invoice.
Easy Splash Page reserves at its sole discretion the right to change the fees for the Service Subscription. The actual fees and prices are available at
https://easysplashpage.com/solutions.html. When the fees are changed, Easy Splash Page reserves the right to charge, on future billings, the new updated and current
fees to all exisisting clients. Communication of this change will only be required to be sent to the Client via email communication in order to be enforced, the email
is required to be sent at least 30 days prior to changing any Client’s Subscription fees.
All billing questions should be emailed directly to billing@easysplashpage.com.
5. Technical Requirements
Easy Splash Page assures that the Service will operate on Windows 95/98/NT/2000/Me/XP/Vista platform with the latest version of Internet Explorer, Mozilla
Firefox, or Safari.
6. Client Support Service
Easy Splash Page provides Email and Live Chat Support for Clients.
The Client may address all questions, doubts, and report errors via email or live chat the Easy Splash Page Client Support Department at:
http://easysplashpage.com/support or email directly at support@easysplashpage.com. Easy Splash Page assures that response shall take place within two business
days after receiving a request from the Client.
7. Complaint Procedure
The Client is requested to submit their complaint to the Client Support Department at: support@easysplashpage.com.
Upon complaint, the Client should provide at least their name and the product they are inquiring about. For efficiency reasons, Easy Splash Page does not investigate
or take any action based on "anonymous" complaints.
The Client Support Department will investigate the problem as soon as possible and advise the Client how the issue will be or has been processed.
The Client has the right to be advised about the status of processing their issue, but we make no guarnantees of the outcome of the complaint.
Should any problem with the Service occur, Easy Splash Page assures to undertake all measures to solve it as soon as feasible.
8. Copyrights
All content included on the easysplashpage.com website, such as copy, text, graphics, logos, button icons, images, audio clips and software, is the property of Easy
Splash Page or its content suppliers and protected by U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or
by any means without express written consent from the authors.
9. Privacy
Easy Splash Page constitutes the Privacy Policy as an inherent part of these Terms of Service.
Easy Splash Page will never use the information about the Client, or their clients that is collected within the Service to send any unsolicited messages or information
nor share it with or sell to anyone else for such use, according to the Easy Splash Page's Privacy Policy.
To perform the Agreement, Easy Splash Page shall collect personal information, such as, but not limited to: (i) the Client's first name, (ii) last name, address, (iii)
credit card number, (iv) identification numbers, such as tax identification number, (v) phone number, (vi) email address, that is not otherwise publicly available.
Easy Splash Page will keep the personal data given by the Client as long as required in order to perform their obligations under this Agreement.
The Client recognizes that they are the controller of all personal data given to Easy Splash Page to process. Easy Splash Page shall be responsible for ensuring
sufficient security measures for processing personal data given by the Client.
The Client shall have sole responsibility for any and all information used and submitted in connection with the Service. Easy Splash Page shall have no responsibility
thereto. The Client shall comply with all data protection and privacy laws and rules applicable to third parties information. You shall defend, indemnify, and hold
Easy Splash Page harmless from any claim, suit or proceeding brought against Easy Splash Page by third parties in connection with any acts or omissions with
regards to such information.
The Client may refer their clients to the Easy Splash Page's Privacy Policy. Easy Splash Page shall accept no responsibility for the Client's privacy policies and for
processing their personal data by the Client.
You agree and acknowledge that your information collected through the Service or in connection with the Service may be transferred across national boundaries and
stored and processed in any of the countries around the world in which Easy Splash Page maintains offices, including the United States.
Unless it is required to do so by law, Easy Splash Page will not provide any personal Client's data to third parties other than its employees, affiliates or contractors to
the extent such is required in order to perform the Service for the Client.
10. Termination Of Service
The Client may terminate any recurring Service at anytime with an effect on the day in which the paid Subscription has expired.
Unless expressly or explicitly mentioned in these Terms of Service, the Client shall not be entitled to any partial or whole reimbursement of any fees or payments
already paid or due, according to the Section 4 of these Terms of Service.
If the Client wants to terminate the Service, they are either required to manually cancel their recurring payment account in the backoffice of their members area or to
send a cancellation request to the Billing Department at: billing@easysplashpage.com and provide at least the account name and the email address, no later than three
business days prior to the recurring date.
Easy Splash Page reserves at its sole discretion the right to terminate the Service in the event of not receiving a due payment or a recurring payment.
Easy Splash Page reserves at its sole discretion the right to instantly terminate the Service in the event: (i) the Client is found to be using Easy Splash Page services
for activities that violate this Terms of Service, as mentioned in the Section 3 above, or (ii) the Client does not conform to any of their obligations as referred to in the
Section 2 above.
Easy Splash Page reserves the right to terminate any account where the client has threatened or pursued a chargeback of their purchase, legal action or any wording
that can be considered a threat to any of Easy Splash Pages assets. If any threat aforementioned happens, Easy Splash Page has the right to refuse any future
purchases on the
Easy Splash Page reserves at its sole discretion the right to terminate the Service in the event of receiving an independent verification that the Client provided grossly
inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date.
In aforementioned situations, the Service will be terminated with an immediate effect. Any upfront payment(s) made for the Client will not be re-calculated. The
Client shall not have any right for reimbursement of the sum paid nor any part of such sum. Easy Splash Page will not perform any recalculation of any payment
amounts.
13. Disclaimer Of Warranties. Limitation Of Liabilities
Easy Splash Page guarantees an average up time of 99% per month of the Service on the condition of full availability of the services of its Internet and Telecom
Providers. Easy Splash Page holds no responsibility if one of Easy Splash Page’s Internet and Telecom Providers have an outage that is beyond the control of Easy
Splash Page.
Easy Splash Page makes no guarantees, expressed or implied, of the results of the service. The only guarantees, expressed or implied reside on this Terms of Service
document. What is contained herein is in totality the agreements and Easy Splash Page does not guarantee any minimum response times nor deliverability times in
connection with performance of the Service.
All relevant files on the Easy Splash Page server, including those containing personal Client's data and information stored and processed on Easy Splash Page servers
through the Service, are backed up and stored in a fire and theft protected location which is separate from the location of the Easy Splash Page servers.
EASY SPLASH PAGE DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. EASY SPLASH PAGE DISCLAIMS ANY
WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE
WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
For breach or default by Easy Splash Page of any of the provisions of these Terms of Service, Easy Splash Page's entire liability, regardless of the form of action,
whether based on contract or tort, including negligence, and including the furnishing, the failure to furnish or the quality of any Service, shall in no event exceed in
the aggregate the amount paid by the Client for the Service that is the subject of the claim in one month immediately preceding the date the Client notifies Easy
Splash Page of such claim, or in the aggregate, in respect of all claims under or related to the Services provided by Easy Splash Page to the Client.
IN NO EVENT WILL EASY SPLASH PAGE NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR
DAMAGES HEREUNDER OR UNDER ANY SERVICES SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR
DAMAGE (EVEN IF EASY SPLASH PAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS) INCLUDING, BUT NOT LIMITED TO, LOST
BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR
ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CLIENT BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY
CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SERVICES SCHEDULE OR ANY OBLIGATION
HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT,
NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF
ACTION, DEMAND OR CLAIM BY THE CLIENT, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT
LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE
ESSENTIAL PURPOSE OF THIS AGREEMENT.
Easy Splash Page shall not be responsible or liable for any loss, damage or inconvenience suffered by the Client or by any third person, to the extent that such loss,
damage or inconvenience is caused by the failure of the Client to comply with their obligations under this Terms of Service.
Easy Splash Page is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond Easy Splash Page's reasonable
control. Easy Splash Page is not responsible for short, temporary and accidental suspension of the Service, as the result of circumstances which Easy Splash Page
could not foresee or suspect.
The Client recognizes that Easy Splash Page does not own or control other networks, information and systems outside of its own network, nor is Easy Splash Page
responsible for performance or non-performance within such networks. Easy Splash Page exercises no control over and specifically denies any responsibility for the
content, information, accuracy or quality of the information and/or data passing through its network or the Service provided.
Easy Splash Page may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or modify or replace any provided
equipment, or software used to deliver the Service provided that this does not have a material adverse effect on the Service.
Easy Splash Page may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service
without previous notice given to the Client. Easy Splash Page will give the Client such notice of the maintenance as is reasonably practicable in the circumstances,
provided that, in the event of scheduled maintenance that would last for more than one day, Easy Splash Page will use reasonable efforts to give the Client at least
one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.
The Client acknowledges that the use of the Service is at their sole risk and Easy Splash Page is in no way responsible for the conduct of the Client and/or the content
of messages sent through using the Service. The Client hereby indemnifies, and holds harmless, Easy Splash Page and its officers, directors, employees and agents
from and against all claims, proceedings, liabilities, actions, suits, judgements and orders for any indirect, incidental, special, punitive or consequential damage to any
person or entity resulting from the use or misuse of the Service, including but not limited to the wilful misconduct or negligent acts or omissions of the Client or the
Client's officers, agents, employees or subcontractors. Easy Splash Page shall notify the Client as soon as reasonably practical of any such claim, demand or cause of
action for which Easy Splash Page will require such indemnification from the Client. Easy Splash Page will provide the Client with reasonable information and
assistance to defend such claim, demand, or cause of action.
The Client hereby agrees to indemnify, defend and hold harmless Easy Splash Page, its officers, directors, employees, agents, members, successors and assigns, from
and against any and all claims, losses, liabilities, damages or expenses (including attorney's fees and costs) of any nature whatsoever incurred or suffered by Easy
Splash Page (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on;
any claim or threatened claim that your use of the trademarks infringes on the rights of any third party;
the breach of any representation or warranty made by you herein; or,
or any claim related to your site.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
STATE.
14. Final Provisions
The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions
hereof.
It is also understood and agreed by the parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having
jurisdiction, (i) such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if
such modification is not possible, these Terms of Service will be construed as if such invalid or unenforceable provision had never been contained in these Terms of
Service.
Easy Splash Page reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the
easysplashpage.com website, including these Terms of Service, at any time without prior notice. The Client agrees that their continued use of the Service after such
update will constitute their acceptance of and agreement to be bound by the updated Terms of Service.
This Service shall be interpreted and construed according to, and governed by, the laws of the State of Texas, excluding any such laws that might direct the
application of the laws of another jurisdiction.
The law of the State of Texas and Texas Courts shall be the governing jurisdiction.