TERMS AND CONDITIONS OF SERVICE

BY PURCHASING, LICENSING OR ENGAGING IN THE USE OF OUR PRODUCT YOU UNDERSTAND AND AGREE THAT YOU ARE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW, AND FURTHER UNDERSTAND AND AGREE THAT THESE TERMS AND CONDITIONS MAY BE MODIFIED AT ANY TIME WITH OR WITHOUT NOTICE AND YOU ARE LEGALLY BOUND BY ALL MODIFICATIONS. 



THEREFORE, YOU MUST READ THE FOLLOWING CAREFULLY BEFORE CONTINUING:


READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE AGREEING TO ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY UTILIZING OUR PRODUCTS OR SERVICES, YOU ("The Subscriber") ARE INDICATING THAT YOU UNDERSTAND, ACKNOWLEDGE, ACCEPT, AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE SERVICES PROVIDED BY THE EASY LIFE, LLC, d/b/a Alerts Made Easy ®. Subscriber FURTHER AGREES THAT Subscriber HAS CONSULTED WITH INDEPENDENT LEGAL COUNSEL OR Subscriber HAS WAIVED THE OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL COUNSEL. IF Subscriber IS NOT WILLING TO AGREE TO AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF THE Subscriber IS NOT OF LEGAL AGE, OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, THE Subscriber SHOULD NOT ATTEMPT TO SUBCRIBE TO THE SERVICES AND SHOULD PROMPTLY EXIT FROM THIS WEB PAGE. Alerts Made Easy ® RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT Subscriber DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN OR TO REFUSE TO PROVIDE SERVICES TO ANY PARTY ATTEMPTING TO SUBCRIBE FOR ANY REASON WHATSOEVER.




1. ALERTS MADE EASY ®'s RIGHTS


    * Alerts Made Easy ® has the right to reject any claim of any type whatsoever made by a Subscriber or any other party who is in some way subject to the use of, or receipt of some benefit or result from, the Services when such claim is in any way related to the non-deliverability or non-receipt of messages. Alerts Made Easy ® is not responsible for the ultimate delivery or receipt of any messages sent through the use of the Services, as Alerts Made Easy ® cannot insure that proper function of any servers, email systems, telecommunication systems, or other modes of message receipt; this includes no responsibility for messages that are blocked for any reason including but not limited to blacklisting, spam-filtering, etc. 
* Alerts Made Easy ® shall retain all right, title and interest to the Services including all copyrights, trademarks and all other intellectual property right there to.
    * Subscriber may not, nor allow any third party, to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and no use of trademarks is granted under this Agreement.
    * The copyright notices and other proprietary legends shall not be removed from the Services and no use of trademarks is granted under this Agreement.
    * Subscriber may not grant any sub-license, leases or other rights in the Services to any third party. All rights not expressly granted under this Agreement are retained by Alerts Made Easy ®.
   *  Alerts Made Easy ® has the right to use any third party service provider that Alerts Made Easy ® deems necessary or desirable to complete or enhance the performance of the Services. 
    * Alerts Made Easy ® has the right to collect all reasonable attorney fees, court costs, expert witness fees, and other (as a court of competent jurisdiction sees fit) expenses necessary to successfully defend or enforce any rights provided for in this Agreement as well as to collect any damages, liabilities, or other expenses, excepting expenses incurred for the provision of Services, caused by or relating to Alerts Made Easy ®’s contractual relationship to Subscriber. 




2. GRANT OF RIGHTS TO USE SERVICES.


    * Effective upon acceptance of this Agreement, Alerts Made Easy ® hereby grants to Subscriber a nonexclusive, nontransferable, license to access and use the Services, for Subscriber's use subject to the limitations expressly stated herein, or as amended by Alerts Made Easy ® in its sole discretion upon providing notice to Subscriber as later described herein. 
    * The Services are for the permitted uses, as described herein, and Subscriber shall have no right to sell use of, or assign or transfer rights to use of, the Services nor make any claim that it does have such right. If Subscriber takes any such action, Alerts Made Easy ® has the right to 1) immediately cease the provision of Services, 2) retain any and all portions of Subscriber’s paid but unused fees, 3) collect from Subscriber either 2 additional months of user fees at Subscriber’s then current monthly rate as liquidated damages or actual damages, at the discretion of Alerts Made Easy ®, 4) collect from Subscriber any monies or payment received by Subscriber as a result of Subscriber’s actions, and 5) collect from Subscriber all reasonable attorney fees, court costs, expert witness fees, and other (as a court of competent jurisdiction sees fit) expenses necessary to successfully enact and carry out such remedies. 
    * The Services will allow Subscriber to perform various communication and notification functions by sending any combination of automated voice phone calls/voicemails, emails, web postings, and text messages to predetermined permission-based lists, which may include phone numbers and email addresses. Subscriber is solely responsible for obtaining any necessary permission or approval for the inclusion of all information in Subscriber’s predetermined permission-based lists or that is otherwise included in Subscriber’s account. The primary resource for Subscriber’s use to set up such communications and notifications shall be through the use of Subscriber’s online account that Alerts Made Easy ® will provide to Subscriber upon acceptance of this Agreement. 
    * Subscriber is solely responsible for obtaining all equipment and approvals necessary for connection to the World Wide Web and all charges associated with such connection to the World Wide Web and phone service charges. Alerts Made Easy ® is in no way responsible or liable for anything resulting from the failure of Subscriber’s internet connection regardless of the reason for such loss of connection and is not responsible for carrying out any part of the Services requiring internet connection during any period in which Subscriber is without such connection. Alerts Made Easy ® is not liable for any such interruption or failure in internet connection or the proper function of the Services in the event of power outages, force majeure, or any other event that prevents Subscriber from using of the Services.


3. SUBSCRIBER REGISTRATION


    * Subscriber will provide to Alerts Made Easy ® all relevant data required by Alerts Made Easy ® upon signing up for the Services and at subsequent times as requested by Alerts Made Easy ®.
    * Subscriber acknowledges that Alerts Made Easy ® may distribute the registration data to third parties, provided, however, Subscriber's name, address (home and email) and telephone number will not be distributed, unless required by law, or in the event Subscriber grants Alerts Made Easy ® the right to provide that information.
    * Subscriber agrees to provide and maintain true, accurate, current and complete information about himself/herself.
    * Subscriber shall update the registration data as necessary to accomplish the above-mentioned.
    * Upon completion of all registration information and acceptance of this Agreement, Subscriber will establish a UserName and Password for the use of the Services.
    * Subscriber is solely responsible for maintaining the confidentiality of Subscriber's UserName, Password, Mailbox Numbers and Personal Identification Number (PIN).
    * Subscriber shall not give account information to third parties and shall at all times maintain reasonable protections for the security of any transactions or activities that originate from Subscriber's account.
    * Subscriber is solely responsible for obtaining any necessary permission or approval for the inclusion of all information in Subscriber’s predetermined permission-based lists or that is otherwise included in Subscriber’s account and the use of such information in the performance of the Services.
    *   Subscriber is solely responsible for insuring that any contact information used in the performance of the Services is not blacklisted, spam-filtered, or otherwise blocked from receipt of the Services. 
    * Subscriber shall immediately notify Alerts Made Easy ® if any unauthorized use of Subscriber's account has occurred or of any other breach of security.
    * Please refer to our Privacy Policy for more details.
    * Subscriber understands and agrees that Subscriber and, if applicable, Subscriber's company will assume all financial responsibilities for use of Alerts Made Easy ® services originating from Subscriber's account by Subscriber or others.


4. MODIFICATION TO SERVICES


    * During the term of this Agreement, Alerts Made Easy ® may modify or discontinue the Services.
    * Alerts Made Easy ® shall not be liable to the Subscriber or any third party for any reason for Alerts Made Easy ®'s modification or termination of such Services.
    * The Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Service prior to storing on the Alerts Made Easy ® system.


5. MODIFICATION TO AGREEMENT


    * Alerts Made Easy ® may automatically amend the terms and conditions of this Agreement at any time by (i) posting a revised agreement on the Alerts Made Easy ®.com Web site, and/or (ii) sending information regarding the Terms and Conditions of Service amendment to the email address Subscriber provides to Alerts Made Easy ®. Subscriber is responsible for regularly reviewing the Alerts Made Easy ® web site to obtain timely notice of such amendments. Subscribers will be deemed to have accepted these amended Alerts Made Easy ® Terms and Conditions of Service if Subscriber continues to use Alerts Made Easy ® service after such amended Terms of Service have been posted or information regarding such amendment has been sent to Subscriber. Otherwise, this Terms of Service Agreement may not be amended except in writing signed by both parties.


6. TERMINATION OF AGREEMENT


    * Either party may terminate this Agreement upon notice to the other party.
    * Alerts Made Easy ® reserves the right to suspend, deny or terminate Subscriber's service if Alerts Made Easy ®, at its sole discretion, believes Subscriber is using or plans to use Alerts Made Easy ® services in a manner that is unlawful, abusive, obscene, prohibited by the Alerts Made Easy ® Terms of Service or if Subscriber's use or planned use of Alerts Made Easy ® services creates or could create a potential adverse impact to Alerts Made Easy ®'s credibility as a reputable provider of its Services or ability to provide service to others.
    * Upon termination, Subscriber shall immediately cease to use the Services and Alerts Made Easy ® shall have no further obligations whatsoever to Subscriber, and Subscriber shall forfeit paid but unused fees.
    * Alerts Made Easy ® shall not be liable to the Subscriber or any third party for any reason for Alerts Made Easy ® terminating this Agreement.
    * Subscriber shall be liable for all of Alerts Made Easy ®’s reasonable attorney fees, court costs, expert witness fees, and other (as a court of competent jurisdiction sees fit) expenses necessary to successfully defend any claim brought by Subscriber or any third party as a result of or relating to the termination of this Agreement.


7. COMPLIANCE WITH APPLICABLE LAWS, RULES AND REGULATIONS


    * Subscriber shall be fully and solely liable for any communication or notification created or distributed using the Service. Alerts Made Easy ® has no control over the content of any transmissions or the destination of such transmissions nor will it be liable for such content.
    * Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, designed to cause harm to any person or entity, fraudulent or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, or illegal.
    * Further, Subscriber will abide by all rules, regulations, procedures and policies of Alerts Made Easy ® and any policies of the networks connected to the Services, including but not limited to Subscriber’s duty to provide permission based lists for contact information.
    * Subscriber is fully and solely responsible to be aware of, understand, and comply with all of the rules and regulations applicable to Subscriber's use of Alerts Made Easy ® service including but not limited to Federal Trade Commission rules and regulations, Federal Communication Commission rules and regulations, National Do Not Call Registry rules and regulations and individual state Do Not Call rules and regulations, Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any other federal, state or local laws that may be applicable to subscribers use of Alerts Made Easy ® service. Subscriber agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that Subscriber’s use of Alerts Made Easy ® will not cause Alerts Made Easy ® to violate these or similar laws.
    * Subscriber is fully and solely responsible to be aware of, understand, and comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., the Controlling the Assault of Non-Solicited Pornography and Marketing Act and any other similar laws. Subscriber agrees not to violate these, or any other applicable federal, state or local anti-solicitation laws, and represents and warrants that its use of Alerts Made Easy ® will not cause Alerts Made Easy ® to violate these or other similar laws.
    * Subscriber agrees that it is the sole responsibility of the Subscriber to abide by any laws defined by the State or Federal Government in which Services will be applicable. Subscriber understands and agrees that Alerts Made Easy ® will not be held responsible for damages to the Subscriber or any third party incurred due to Subscriber's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991, the Controlling the Assault of Non-Solicited Pornography and Marketing Act. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov.  Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the Service.


    *Numerical limits to the amount of transactions Subscriber may send through the Services shall be as stated in subscription level posted on the Alerts Made Easy ® web site that Subscriber subscribes for. However, Alerts Made Easy ® may set or change numerical limits by notifying Subscriber. Subscriber agrees to abide by all applicable local, state, national and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's UserName and Password, including the content of Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to:


    * Use the Service in connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming.
    * Create a false identity, caller id, or forged email address, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
    * Impersonate any other person or entity or misrepresent your affiliation with any other person or entity.
    * Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
    * Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.
    * Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
    * Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service.
    * Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
    * Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
    * Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.


8. WARRANTY DISCLAIMER


    * The Services licensed thereunder are licensed "as is" and "as available" and Alerts Made Easy ® makes no warranties, express or implied, including but not limited to the implied warranties of merchant ability and fitness for a particular purpose and any similar warranty whether said warranty arises under provisions of any law of the United States or any state thereof. Alerts Made Easy ® makes no representations or warranties that the services are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of the Services shall be borne solely by Subscriber.
    * Alerts Made Easy ® makes no warranty that the Services will meet Subscriber's requirements or produce Subscriber’s desired results, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected.
    * Alerts Made Easy ® service is a nonrefundable, nonreturnable, non-exchangeable prepaid service. All purchases are final.  Unused balances are nonrefundable.
    * Recurring and other service charges are prepaid on a monthly or annual basis at the option of Subscriber which shall be designated by Subscriber at the time of payment.  Additional minute charges are billed the month following the month additional minute charges are incurred.
    * Automated calls are billed in 60 second increments.
    * Alerts Made Easy ® does not make any warranty pertaining to any goods or Services purchased, obtained, secured or acquired through the Services or any transaction entered into through the Service.
    * Alerts Made Easy ® does not warrant the accuracy or reliability of the results obtained through use of the Services or any data or information downloaded or otherwise obtained or acquired through the use of the Services. Subscriber acknowledges that any data or information downloaded or otherwise obtained or acquired through the use of the Services are at Subscriber's sole risk and discretion and Alerts Made Easy ® will not be liable or responsible for any damage to Subscriber or Subscriber's property.
    * Subscriber will not rely on any representation or warranty implied or expressed by any persons other than a Manager of The Easy Life, LLC d/b/a Alerts Made Easy ® with regards to Alerts Made Easy ® products and services.


9. LIMITATION OF LIABILITY


    * In no event shall Alerts Made Easy ® be liable to Subscriber or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. Alerts Made Easy ®'s liability for damages, regardless of the form of the action, shall not exceed the license fee paid by Subscriber for the Services, if any. Alerts Made Easy ® bears no liability for any costs or expenses incurred by Subscriber, or any third party on Subscriber’s behalf, for any lawsuit, claim, or action of any kind brought against Alerts Made Easy ® in any forum whatsoever arising from or relating to this Agreement. The limitation of liability reflects the allocation of risk between the parties, and such risk is expressly acknowledged and accepted by Subscriber upon Subscriber’s acceptance of this Agreement. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to be unenforceable by a court of competent jurisdiction.
    * Specifically, in no event shall Alerts Made Easy ® be liable to Subscriber or any third party for damages arising from the failure of the Services to work as intended, and Subscriber is always ultimately responsible for ensuring that all messages or notifications sent using the Services are received by the intended receivers. Alerts Made Easy ® will use its best efforts to ensure that the Services perform properly at all times, but Subscriber’s sole remedy for any failure of the Services to perform as expected or produce Subscriber’s desired result is to terminate this Agreement. Accordingly, Alerts Made Easy ® is always working for the satisfaction of all of its subscribers in order to gain their trust and maintain their business.
    * Further, in no event shall Alerts Made Easy ® be liable for any communications sent to, or damages incurred by, any entity for whom the Subscriber did not obtain necessary permission or approval to provide Alerts Made Easy ® with such entity’s contact information. 


10. INDEMNIFICATION


    * Subscriber shall indemnify and hold harmless Alerts Made Easy ®, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney fees, court costs, expert witness fees, and other expenses granted by a court of competent jurisdiction), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber including but not limited to any violation of any federal or state laws or regulations, any other  use of the Services by Subscriber, and any breach of the terms and conditions of this Agreement by Subscriber including any violation of this Agreement by Subscriber or any other person or entity using Subscriber’s account.


11. ADDITIONAL TERMS AND CONDITIONS FOR Alerts Made Easy ® SERVICE, INCLUDING MONTHLY RECURRING SERVICES 


    * Subscriber may not transfer, port, sell, assign or make any claim that it has the right to do so with regard to any Alerts Made Easy ® Local or Toll Free Number or Account.  
    * Subscriber understands that all Alerts Made Easy ® Recurring services are for the term of one month or one year depending upon the term chosen by Subscriber upon registration and payment. This Agreement will automatically renew thereafter for a term equal to that last selected by Subscriber. The term of the Agreement may by changed by Subscriber upon 30 days written notice via email communication prior to automatic renewal.
    * All service charges are are subject to prepayment. Additional minute charges and additional text messages charges are billed the month following the month additional minute and or text charges are incurred. All charges will be paid to The Easy Life, LLC and such will be reflected upon credit card or other billing statements or invoices.
    * Excessive additional minute and text usage is subject to review by Alerts Made Easy ®. Alerts Made Easy ® at its sole discretion reserves the right to offer subscriber an alternative service plan that would prevent excessive additional minute and or text usage and reserves the right to place limitations on additional minute and or text usage.
   * Subscriber understands and agrees that in the event additional minute usage exceeds Subscriber's monthly recurring charge or allotted monthly use by one or both of the following (1) $500; or (2) 100% of Subscriber's monthly recurring charge; Alerts Made Easy ® at its sole discretion may charge Subscriber’s credit card for all outstanding charges.  In the event that the credit card issuer (1) declines any charges; or (2) requests return of payments previously made to Alerts Made Easy ®, Alerts Made Easy ® reserves the right to terminate or suspend service without prior notice. 
   *   Subscriber shall be liable for all reasonable costs (including attorney fees, court costs, and other expenses of litigation) of any efforts reasonably necessary for Alerts Made Easy ® to obtain any payments due but unpaid by Subscriber.
   *  In the event that Subscriber cancels an account, Alerts Made Easy ® has the right to delete all contact and other information maintained in or associated with such account. 




12. GENERAL PROVISIONS


    * This Agreement merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services. This Agreement is the entire Agreement and contains all of the terms and conditions agreed to by the Parties, and any amendment to this Agreement must be made in writing, making specific reference to this Agreement, and signed by the Parties or authorized representatives thereof. No other communications, written or oral, shall be deemed to be a part of this Agreement. 
    * If any provision of this Agreement or any application thereof should be rendered or declared unlawful, invalid or unenforceable by virtue of any judicial action, or by any existing or subsequently enacted Federal or State legislation, or by Executive Order or other competent authority, the remaining provisions of this Agreement shall remain in full force and effect, and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties.
    * All notices under this Agreement shall be in writing and delivered by email, unless otherwise stated elsewhere in this Agreement.
    * This Agreement shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws provisions. Alerts Made Easy ® and the individual Subscriber and, if applicable, the Subscriber's company will submit to the jurisdiction of the State and Federal courts of Illinois.
    * Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause Alerts Made Easy ® irreparable harm and Alerts Made Easy ® may obtain injunctive relief as well as seek all other remedies available to Alerts Made Easy ® in law and in equity, and additionally as provided for in this Agreement.
    * Subscriber shall not assign its rights under this Agreement. This Agreement shall be binding on and inure to the benefit of the parties, their successors, and permitted assigns and legal representatives.
    * The failure of Alerts Made Easy ® to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it any way affect the validity of this Agreement or Alerts Made Easy ®’s rights to exercise or enforce its rights at any time. Sections 5, 6, and 7 shall survive termination or expiration of this Agreement for any reason.
* All charges for recurring Alerts Made Easy ® service will be charged to the credit card number Subscriber provided when signing up for Alerts Made Easy ® or the most current credit card number provided by Subscriber for payment of Alerts Made Easy ®. Alerts Made Easy ® retains the right to seek payment by sending, through any available means, invoices to Subscriber.




PLEASE REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT UNTIL YOU ARE ABLE TO MAKE AN INFORMED DECISION ABOUT SUBSCRIBING TO Alerts Made Easy ®’S SERVICES. TO READ OVER THESE TERMS AND CONDITIONS AGAIN, PLEASE SCROLL TO THE TOP OF THIS WEB PAGE.


IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT FROM THIS WEB SITE.