Effective as of 2021-03-01
1. Introduction
2. Changes to the Agreements
3. Using Evaluate Easily
4. Third Party Applications and Devices
5. User-Generated Content
6. Payments and cancellations
7. Rights you grant us
8. User guidelines
9. Infringement and reporting User Content
10. Service limitations and modifications
11. Evaluate Easily Community
12. Customer support
13. Term and termination
14. Warranty disclaimer
15. Limitations
16. Entire agreement
17. Interpretation
18. Assignment
19. Indemnification
20. Contact us
Hi, welcome to the Evaluate Easily (www.evaluateeasily.com) Terms and Conditions of Use ("Terms"). The Terms you see below are important because they:
• Outline your rights on Evaluate Easily
• Explain the rights you give to us when you use Evaluate Easily
• Describe the rules everyone needs to follow when using Evaluate Easily
• Contains the details of terms and conditions of use and an indemnification clause
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICE AND CREATING AN ACCOUNT ON OUR WEBSITE.
General Terms
By using the site and/or services, you signify your agreement to the terms and conditions below. If you do not agree to these terms of use, you may not use the site and/or the services.
Under no circumstances Evaluate Easily team or its parent company shall be liable to direct Indirect special incidental or consequential damages, including but not limited to loss of data or the inability to use the materials in this even if the team or the authorized representative or the company has been advised of the possibility of such damages.
Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.
1. Introduction
Thanks for choosing Evaluate Easily ("Evaluate Easily," "we," "us," "our", www.evaluateeasily.com, “company”). Evaluate Easily provides personalized services on the site that allow its users/customers to create, design, build, layout, view, share and conduct evaluations of all kinds and nature including formal and informal exams/tests as well as oral exams/viva voice on its website and offers other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Evaluate Easily services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the "Evaluate Easily Service" or "Service"), or accessing any exam/test/question/image/audio or other content or material that is made available through the Service (the "Content") you are entering into a binding contract with Gravisc (SMC-Pvt.) Ltd. hereafter referred as Gravisc Inc., Pakistan which is the owner of Evaluate Easily product and service globally.
Your agreement with us includes these terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the "Agreements"). The agreements include terms regarding future changes to the Agreements, automatic renewals, limitations of liability, privacy policy, copyright policy and cookie policy. If you wish to review the terms of the agreements, the current effective version of the Agreements can be found on Evaluate Easily website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don't agree with (or cannot comply with) the Agreements, then you may not use the Evaluate Easily Service or access any Content.
In order to use the Evaluate Easily Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian's consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside anywhere in the world or universe including space. You also promise that any registration information that you submit to Evaluate Easily is true, accurate, and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we'll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through an authorized third party, you must cancel the applicable Paid Subscription through such third party.
3. Using Evaluate Easily
Here's some information about all the ways you can use Evaluate Easily.
3.1 Member Policy
This site offers two types of member accounts, instructor account and student account. Both accounts require a form to be filled however instructor accounts require explicit approval for use.
In case of the instructor account users have to submit an application, using their university/college/institute/organization/school provided email and once the email address is verified and application is approved, they will be able to use the service. Evaluate Easily and/or its owner company reserves the right to reject or approve an application or prevent the use of site features and or disable or terminate an account at any time without prior notice. There are several type of instructor accounts ranging from free to paid and the company reserves the right to change those account types anytime as well as the contents of the services being offered as part of those accounts or terminate the free account category all together at any time without prior notice. There are limitations on the use of service for each type of instructor account and more details about what is offered as part of these accounts is available on the Evaluate Easily website and/or in the plans section.
Students accounts may not need an explicit approval however they need a valid and verified email address for account creation and use. To become a student member of the site, you must have a valid email account created and registered with any of the email service providers and/ or your university/college/school/institute and must fill the form provided on the website and verify your email address as instructed. There are several type of student/examinee accounts ranging from free to paid and the company reserves the right to change those account types anytime as well as the contents of the services being offered as part of those accounts or terminate the free account category all together at any time without prior notice. There are limitations on the use of service for student accounts as well and more details about what is offered as part of these accounts is available on the Evaluate Easily website and/or in the plans section
You must at all times strictly refrain from engaging in behavior that leads to the abuse of service in any way deemed unacceptable by the company.
These Terms & Conditions set forth the legally binding terms for your use of the Site and Services. By using the Site and Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with Evaluate Easily and set up an account). You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or as the parent/guardian of a child. Visitors to the Site can only participate in the Evaluate Easily community by becoming a registered Member of the Site.
3.2 Service Options
You can find a description of our Service options and plans on our website, and we will explain which Service options are available to you when you create a Evaluate Easily account. Certain options are provided to you free-of-charge. The Evaluate Easily Service that does not require payment is currently referred to as the "Free Service." Other options require payment before you can access them (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Evaluate Easily Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Evaluate Easily for access to a Paid Subscription ("Code"), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to a Paid Subscription through an authorized third party. In such cases, separate terms and conditions with such third party in addition to the Agreements may apply to your access to the Service.
3.3 Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). Evaluate Easily may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability.
For some Trials, we'll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL IN YOUR ACCOUNT, IF YOU SIGNED UP FOR THE TRIAL THROUGH EVALUATE EASILY, OR IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY WHERE APPLICABLE.
3.4 Using our service
The Evaluate Easily Product, Service and the Content are the property of Gravisc (SMC-Pvt.) Ltd. We grant you limited, non-exclusive, revocable permission to make use of the Evaluate Easily Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or Evaluate Easily or on behalf of the company. You promise and agree that you are using the Evaluate Easily Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Evaluate Easily Service or the Content.
The Evaluate Easily software applications and the Content are not sold or transferred to you, and Evaluate Easily and its owner company retains ownership of all copies of the Evaluate Easily software applications and Content whether used inside the browser or even after installation on your personal computers, mobile handsets, tablets and/or other devices ("Devices") in case of standalone application or app.
All Evaluate Easily trademarks, service marks, trade names, logos, domain names, and any other features of the Evaluate Easily brand ("Evaluate Easily Brand Features") are the sole property of Evaluate Easily or its owner company. The Agreements do not grant you any rights to use any Evaluate Easily Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Evaluate Easily Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Evaluate Easily or its owner company grants no right, title, or interest to you in the Evaluate Easily Service or Content.
Third party software (for example, open source software libraries) included in the Evaluate Easily Service are made available to you under the relevant third-party software library's license terms as published where available and applicable.
4. Third Party Applications and Devices
The Evaluate Easily Service may or may not integrate with or may otherwise interact with third party applications, websites, and services ("Third Party Applications") and third party Devices to make the Evaluate Easily Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Evaluate Easily does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Evaluate Easily warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
5. User-Generated Content
Evaluate Easily users may post, upload, or otherwise contribute content to the Service (which may include, for example, exams, questions, pictures, text, audio files with questions, answers to questions in text, image and audio form and other information, descriptions and compilations, and/or other types of content) ("User Content"). For the avoidance of doubt, "User Content" includes any such content posted to the Evaluate Easily Community as well as any other part of the Evaluate Easily Service including its core features related to the conduct of online exams and evaluations of all kind.
You promise that, with respect to any User Content (exams, questions, images, audio files, associated text or related content) you post on Evaluate Easily, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Evaluate Easily as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Evaluate Easily or any university, college, school, institute, company or individual without express written consent from Evaluate Easily or such individual or entity.
Evaluate Easily may, but has no obligation to, monitor, review, or edit User Content. In all cases, Evaluate Easily reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Evaluate Easily's or its owner company sole discretion, violates the Agreements. Evaluate Easily may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Evaluate Easily is not responsible for User Content nor does it endorse any opinion contained in any User Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST EVALUATE EASILY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD EVALUATE EASILY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
6. Payments and Cancellations
6.1 Billing
You may purchase a Paid Subscription directly from Evaluate Easily, its owner company or through a third party either by (1) paying a subscription fee in advance on a monthly/yearly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Evaluate Easily Service for a specific time period ("Pre-Paid Period").
Evaluate Easily may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Evaluate Easily Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
6.2 Renewal; Cancellation
Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Evaluate Easily or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period in your account if you purchased the Paid Subscription through Evaluate Easily, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We do not provide refunds or credits for any partial subscription periods.
If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.
7. Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Evaluate Easily Service and its owner company to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service if installed as a standalone application or app or otherwise when used from inside the browser or any other application, (2) to allow Evaluate Easily and its owner company to use the user content created by you as part of your account for performance monitoring and security, new feature development, debugging, research and analysis, advertising and promotional activities and any other activity deemed necessary by the owner company for providing the service (3) to provide advertising and other information to you, and (4) to allow our business partners to do the same. In any part of the Evaluate Easily Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Evaluate Easily's or its owner company’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Evaluate Easily may contain advertising as part of the Content.
If you provide feedback, ideas or suggestions to Evaluate Easily in connection with the Evaluate Easily Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Evaluate Easily to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Evaluate Easily a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8. User guidelines
Evaluate Easily respects intellectual property rights and expects you to do the same. We've established a few ground rules for you to follow when using the Service, to make sure Evaluate Easily stays usable for everyone. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason whatsoever:
1. copying, redistributing, reproducing, "ripping," recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Evaluate Easily Service or the Content, or otherwise making any use of the Evaluate Easily Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Evaluate Easily Service or the Content or any part of it;
2. using the Evaluate Easily platform to import or copy any local files that you do not have the legal right to import or copy in this way;
3. transferring copies of cached Content from an authorized Device to any other Device via any means;
4. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Evaluate Easily platform and service, content or any part thereof;
5. circumventing any technology used by Evaluate Easily, its licensors, or any third party to protect the Content or the Service;
6. selling, renting, sublicensing or leasing of any part of the Evaluate Easily Service or the Content;
7. circumventing any territorial restrictions applied by Evaluate Easily or it licensors;
8. artificially increasing exam counts, question counts or question type counts more than the allocated limit for your account type or otherwise manipulating the Service by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
9. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
10. circumventing or blocking advertisements in the Evaluate Easily Service, or creating or distributing tools designed to block advertisements in the Evaluate Easily Service;
11. providing your password to any other person or using any other person's username and password;
12. "crawling" the Evaluate Easily Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from Evaluate Easily or the Evaluate Easily Service;
13. selling a user account or exam, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or exam or the content included on an account or exam; or
14. artificially promoting Content by automated means or otherwise.
Please respect Evaluate Easily and its owner company, the owners of the Content, and other users of the Evaluate Easily Service. Don't engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
1. is offensive, abusive, defamatory, pornographic, threatening, or obscene;
2. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Evaluate Easily or a third party;
3. includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;
4. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Service;
5. is intended to or does harass or bully other users;
6. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
7. involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
8. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Evaluate Easily or its owner company;
9. links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Evaluate Easily;
10. interferes with or in any way disrupts the Evaluate Easily Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Evaluate Easily's computer systems, network, usage rules, or any of Evaluate Easily's security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
11. conflicts with the Agreements, as determined by Evaluate Easily.
You acknowledge and agree that posting and creating any User Content as part of an exam or other content that violates these User guidelines (or that Evaluate Easily or its owner company reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Evaluate Easily account. You also agree that Evaluate Easily may reclaim your username/account for any reason.
Please be thoughtful about how you use the Evaluate Easily Service and what you create and share with others including students. The Evaluate Easily Service includes social and interactive features, including the ability to post exam Content, share exam and question content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Evaluate Easily or across the web, so please use Evaluate Easily carefully and be mindful of your account settings as well as any exams you take. Evaluate Easily has no responsibility for your choices to post material on the Service or what exam from who you take or not.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
9. Infringement and reporting User Content
Evaluate Easily respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, and if Evaluate Easily or its owner company is notified by a copyright holder, using the forms provided by Evaluate Easily, that any Content infringes a copyright, Evaluate Easily may in its sole discretion remove such Content from the Service, or take other steps that Evaluate Easily deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Evaluate Easily with a request to restore the removed content, which Evaluate Easily may or may not honor, in Evaluate Easily's sole discretion.
If you believe that any Content does not comply with the User guidelines, please report the content to us.
10. Service limitations and modifications
Evaluate Easily will make reasonable efforts to keep the Evaluate Easily Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Evaluate Easily reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Evaluate Easily Service, with advance notice where possible, all without liability to you, for any interruption, modification, or discontinuation of the Evaluate Easily Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to Evaluate Easily for Paid Subscriptions that Evaluate Easily permanently discontinues prior to the end of the Pre-Paid Period, Evaluate Easily will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Evaluate Easily will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Evaluate Easily and/or the owners of any Content may, from time to time, remove any such Content without notice.
11. Evaluate Easily Community
The Evaluate Easily Exam Central and Personal Pages are places for sharing exams, questions, discussions and exchange of information, tips, and other materials related to the Evaluate Easily Service and user posted content about examination, evaluations, questions and related things. By using the Exam Central (ecentral) and Personal Pages which allow interactions with the community, you agree to the user guidelines, and the terms of this agreement.
12. Customer support
For customer support with account-related and payment-related questions ("Customer Support Queries"), please contact us using the provided email from our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
13. Term and termination
The Agreements will continue to apply to you until terminated by either you or Evaluate Easily. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, Evaluate Easily platform features, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. You are bound by agreement even after termination not to create any derivative works like this platform or copy or steal any features of the platform, content including user content offered by the Evaluate Easily platform after using and/or viewing it. Evaluate Easily may terminate the Agreements or suspend your access to the Evaluate Easily Service at any time, including in the event of your actual or suspected unauthorized use of the Evaluate Easily Service and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content. If you or Evaluate Easily terminate the Agreements, or if Evaluate Easily suspends your access to the Evaluate Easily Service, you agree that Evaluate Easily shall have no liability or responsibility to you, and Evaluate Easily will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Evaluate Easily account, please contact us through the Customer Service contact form or available email address. This section will be enforced to the extent permissible by applicable law.
Certain sections herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
14. Warranty disclaimer
YOU UNDERSTAND AND AGREE THAT THE EVALUATE EASILY SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. EVALUATE EASILY, OWNER OF THE PRODUCT AND COMPANY AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER EVALUATE EASILY NOR ITS OWNER COMPANY NOR ANY OWNER OF CONTENT WARRANTS THAT THE EVALUATE EASILY SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, EVALUATE EASILY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE EVALUATE EASILY SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND EVALUATE EASILY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM EVALUATE EASILY SHALL CREATE ANY WARRANTY ON BEHALF OF EVALUATE EASILY. WHILE WE SERVE NO EXPLICIT CONTENT OUR SELVES AND TAKE NO RESPONSIBILITY OF USER GENERATED EXAM CONTENT FOR WHICH USERS ARE SOLELY RESPONSIBLE.
15. Limitations
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE EVALUATE EASILY SERVICE IS TO STOP USING THE EVALUATE EASILY SERVICE OR UNINSTALL ANY EVALUATE EASILY SOFTWARE. YOU AGREE THAT EVALUATE EASILY HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE EVALUATE EASILY SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO EVALUATE EASILY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL EVALUATE EASILY, ITS OWNER COMPANY OR ITS EMPLOYEES OR OWNERS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE EVALUATE EASILY SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER EVALUATE EASILY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE EVALUATE EASILY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO EVALUATE EASILY DURING THE PRIOR TWELVE MONTHS IN QUESTION.
YOU AGREE THAT NO CLAIM AGAINST EVALUATE EASILY OR ITS OWNER COMPANY OR OWNERS CAN BE FILED IN A COURT OF LAW AND IF YOU HAVE ANY ISSUES OR GRIEVANCE YOU SHOULD FIRST CONTACT US AND IF THOSE ARE NOT RESOLVED TO YOUR SATISFACTION THEN YOU SHOULD STOP USING THE SERVICE.
16. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Evaluate Easily, the Agreements constitute all the terms and conditions agreed upon between you and Evaluate Easily and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the Evaluate Easily Service may be governed by additional agreements. That could include, for example, access to the Evaluate Easily Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
17. Interpretation
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced.
Any failure by Evaluate Easily or owner company to enforce the Agreements or any provision thereof shall not waive Evaluate Easily or the owner company’s right to do so.
18. Assignment
Evaluate Easily or its owner company may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Evaluate Easily may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
19. Indemnification
You agree to indemnify and hold Evaluate Easily, its owner company and owners harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you create or post or otherwise contribute; (3) any activity in which you engage on or through the Evaluate Easily Service; and (4) your violation of any law or the rights of a third party.
20. Contact us
If you have any questions concerning the Evaluate Easily platform, service or the agreements, please contact us by email address available on our website.
Thank you for reading our Terms. We hope you enjoy and take full advantage of the service provided by www.evaluateeasily.com !
Contracting entity:
Evaluate Easily is a product of:
Gravisc (SMC-Pvt.) Ltd.
Pakistan
