This Agreement was last revised on February 28, 2012


General Terms

Welcome to ePolicyAgent.com, a website and online service owned and operated by Lanza Software, Inc. ("Lanza Software", ePolicyAgent" "we," or "us"). This page explains the terms by which you may use our service. By accessing or using the ePolicyAgent services, website, applications and software provided through or in connection with the service, including through a mobile device ("Service"), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service. The terms governing our agreement with companies or individuals that have contracted for one or more of our paid services (a "Paid Network") are set forth at www.ePolicyAgent.com/terms.aspx, but all users of the Service (whether of the free service or a paid service) must agree to these terms as well.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").


License Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. ePolicyAgent reserves all rights not expressly granted herein in the Service and the ePolicyAgent Content (as defined below). Unless ePolicyAgent has agreed otherwise with respect to a Paid Network, ePolicyAgent may terminate this license at any time for any reason or no reason.


Our Proprietary Rights

Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "ePolicyAgent Content"), and all Intellectual Property Rights related thereto, are the exclusive property of ePolicyAgent and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the ePolicyAgent Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place ePolicyAgent under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, ePolicyAgent does not waive any rights to use similar or related ideas previously known to ePolicyAgent, or developed by its employees, or obtained from sources other than you.


Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall ePolicyAgent, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will ePolicyAgent be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, ePolicyAgent assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall ePolicyAgent, its affiliates, directors, employees, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to ePolicyAgent hereunder.

This limitation of liability section applies whether the alleged liability is based on contract,tort, negligence, strict liability, or any other basis, even if ePolicyAgent has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Certain business terms may provide slightly different rights to the parties thereto, but any such business terms do not change the rules applicable to users covered by the foregoing.

The Service is controlled and operated from its facilities in Puerto Rico. ePolicyAgent makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.


Revisions and Errata

The materials appearing on ePolicyAgent's web site could include technical, typographical, or photographic errors. ePolicyAgent does not warrant that any of the materials on its web site are accurate, complete, or current. ePolicyAgent may make changes to the materials contained on its web site at any time without notice. ePolicyAgent does not, however, make any commitment to update the materials.


Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.


Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. Details about such measures are available here. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.


Third-Party Websites, Advertisers or Services

ePolicyAgent may contain links to third-party websites, advertisers, or services that are not owned or controlled by ePolicyAgent. ePolicyAgent has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from ePolicyAgent, you do so at your own risk, and you understand that this Agreement and ePolicyAgent’s Privacy Policy do not apply to your use of such sites. You expressly relieve ePolicyAgent from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on ePolicyAgent, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ePolicyAgent shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.


Additional Representations and Warranties

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

   A. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

   B. You have the written consent of each and every identifiable natural person in your Network to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

   C. Your User Content and ePolicyAgent 's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.


No Warranty

The service is provided on an "as is" and "as available" basis. Use of the service is at your own risk. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, ePolicyAgent, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

ePolicyAgent does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the ePolicyAgent service or any hyperlinked website or service, or featured in any banner or other advertising, and ePolicyAgent will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.


Indemnity

You agree to defend, indemnify and hold harmless ePolicyAgent and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.


Governing Law

Any claim relating to ePolicyAgent's web site shall be governed by the laws of Puerto Rico and United State without regard to its conflict of law provisions.


Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ePolicyAgent.


Site Terms of Use Modifications

ePolicyAgent may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Privacy is prioriry and fundamental to ePolicy Agent. Each company, organization or individual on ePolicy Agent lives in a separate virtual space that assures the privacy of its Customers and the User Content posted in that virtual space. Here's how it works:

• Your virtual space is defined by your company or organization's email domain. For example, all users who sign up with a it's email address would be part of the virtual space. To join a virtual space, you must confirm your email address

• Only the people in your virtual space can view the Customers profiles and other information

• The administrator users can add any users in virtual space with your email address at any time to ensure that belong to your virtual space. Administrators can also disable a user at any time.

• We don't share your private information with advertisers. This includes your email address and the email addresses of others in your virtual space.

• ePolicy Agent's administrative tools do not allow our employees to view messages in a Virtual Space. Access to our database is granted only to our technicians on a case-by-case basis to troubleshoot specific technical issues, or as may be required by law. Each such instance is logged

ePolicy Agent has instituted measures to protect the security of each Virtual Space's data.

A Virtual Space Administrator has access to the ePolicyAgent. This web application is available for a monthly license fee based on the number of users in that Virtual Space per month.

If there is one Virtual Space Administrator for a Virtual Space, such person will be responsible for payment of any fees due for such Virtual Space. If there is more than one Virtual Space Administrator for a Virtual Space, the initial Virtual Space Administrator will be the billing party of record (the "Customer" or "Entity") unless otherwise changed.

The Customer agrees to pay for all products ordered through the ePolicy Agent web site using the payment method indicated, and provides ePolicyAgent express authorization to charge said fees to the Customer's payment provider at time of purchase. Fees owed depend on the quantity of Virtual Space Users per month. Payment of fees shall not be contingent on any events other than the quantity of Virtual Space Users per month, unless otherwise agreed in writing by both parties. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, ePolicy Agent may immediately cease to provide any and all services to the customer. The fees paid for monthly Virtual Space usage are non-refundable, regardless of whether the Claimed Virtual Space is terminated prior to the end of the then-current monthly billing period.

Charges will automatically renew using the Customer's current credit card or ACH account number unless Customer cancels their Virtual Space Administration by email to info@epolicyagent.com fifteen (15) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with ePolicy Agent. If Customer has a question about a cancellation, Customer should contact ePolicy Agent at info@epolicyagent.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.

It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via in "Entity" section in the Maintenance tab within the "Administrator" section, once Customer has logged into www.epolicyagent.com. ePolicy Agent does not validate all credit card information required by the Customer's payment provider to secure payment.

The Customer must notify ePolicy Agent about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to ePolicy Agent's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.