IMPORTANT – READ CAREFULLY

Before you install and use the software, please read this EULA carefully. These Terms of Service govern your access to, downloading, installing and running the software (including, without limitation, updates, upgrades, new versions and documentation). In this Agreement, the terms “Services” refers to the whole or any part or component of the Services.

BY USING THE SERVICES, YOU AGREE THAT THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EFILECONVERT.COM. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SOFTWARE IN ANY WAY AND DELETE IT FROM YOUR COMPUTER.

AGE RESTRICTION

We comply with the Children’s Online Privacy Protection Act (COPPA). For more information about COPPA and children’s privacy, please click here. When we use the term “parent” below, we meant to include legal guardians.

CHILDREN UNDER THE AGE OF 13

You must be at least 13 years of age to use the Software. Efileconvert.com does not knowingly collect personal data from children under 13. Children under the age of 13 are not allowed to use the Services.

CHILDREN BETWEEN THE AGES OF 13 and 18

If you are between the ages of 13 and 18, you may use the Services only under the supervision of a parent or legal guardian who has consented to your use and has agreed to be bound by this Agreement as if he/she were using the Services themselves.

ADVERTISING

The Software and Services are provided to you allows us to display third party applications which may include, without limitation, content, offers for products or services, video and or text advertisements. The software does not collect any personal identifiable information. All third party applications and all advertisements from the Services shall be collectively known as “Third Party Materials”. The timing, frequency, placement and extent of the Advertising are determined in our sole discretion.

GRANT OF LIMITED LISCENSE

Subject to the terms of this Agreement, Efileconvert.com hereby licenses you a limited, non-exclusive, non-assignable, non-transferrable, revocable, temporary, personal license to use the Software and/or Services and any future programming fixes, updates and upgrades provided to you on your computer. You understand that Efileconvert.com, in its sole discretion, may modify or discontinue or suspend your right to access any of its Services or use any of the Software at any time, and may at any time suspend or terminate any license hereunder and disable any Software you may already have accessed or installed without prior notice.

PROHIBITED USES

You must always Use the Services lawfully and responsibly. When Using the Services, you must not do or attempt to do any of the following:

• violate any applicable law, code, directive or regulation (collectively, “applicable law”) or any third party rights, including, without limitation, intellectual property rights and right to privacy.

• post, transmit or display any threatening, libellous, defamatory, obscene, indecent, pornographic, graphically violent, profane, inflammatory or fraudulent content.

• impersonate any person or entity.

     (a) transmit any virus and other malicious, destructive or corrupting code, programme or macro.

     (b) overload, flood, mailbomb or crash, or send unsolicited e-mail, including, without limitation, promotions and/or advertising of products or services.

     (c) hack into or cause harm to or otherwise interfere with service to any user, host or network, including, without limitation, that of Efileconvert.com, or modify, erase, damage, corrupt, steal or usurp any data without authorisation.

     (d) harvest or collect information relating to any users of the Services without consent.

     (e) cause annoyance to other users of the Services or interfere with, disrupt or impede their use of the Services or any computer or telecommunications system or network.

     (f) remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Services.

     (g) circumvent, disable or otherwise interfere or tamper with any access or use restrictions or security features of the Services, including, without limitation, by:

          (1) accessing data not intended for you or logging into a server or account which you are not authorized to access.

          (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

          (3) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

          (4) obtaining information or account access from or about any user, host or network via any unauthorised means including, without limitation, impersonation, false representations, “phishing” or “pharming” or misrepresentation.

     (h) use a version of the Services which has not been obtained from Efileconvert.com or a distributor or re-seller authorised by Efileconvert.com.

     (i) make more copies of the Services than reasonably required for back-up purposes or otherwise allowed by applicable law.

     (j) modify, adapt, merge, translate or create derivative works of the Services.

     (k) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code of the Services or imitate the Services, except to the extent that this restriction is prohibited by applicable law or the licensing terms of an applicable open-sourced component included with the Services.

     (l) sell, rent, lease, loan or sub-license the Services or otherwise make available the Services or any feature or functionality of the Services to any third party, or Use the Services to provide services to others, whether as an application service provider, or by way of a service bureau, cloud service, hosted service or by any other means, whether commercially or otherwise.

• You must not permit, direct or authorise any third party to take any action which is inconsistent with the terms of this Agreement.

• THE SERVICES ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

UPDATES

Efileconvert.com reserves the right to add additional features or functions to the Software. We may require the updating of the Software on your computer when releasing a new version, or when making new features available. This update may transpire automatically or through other means. You understand that we may need your review and acceptance of our then-current end user license agreement/terms of service and privacy policy before you will be allowed a limited license for any later versions of the Software. You acknowledge and agree that Efileconvert.com has no obligation to make available to you any subsequent versions of its software applications. The Services may update automatically on your device once an Update is available.

THIRD PARTY MATERIALS

The Services may enable you to Use or copy third party software on your device. Third party software may also be delivered to you along with the Services. Such third party software may be subject to the separate license terms of the third party rights holder. The terms of this Agreement do not apply to any third party software. You are solely responsible for ensuring that you obtain and maintain all necessary third party software licenses to Use or copy such third party software.

When you Use the Services, you may encounter third party content which you may find offensive or otherwise objectionable. Efileconvert.com is not responsible for such content and shall have no liability to you whatsoever in respect of any such content of your use of or reliance on such content. Efileconvert.com reserves the right to screen and/or remove content from the Services for any reason at any time at its sole discretion without prior notice and without liability to any party. However, Efileconvert.com has no obligation to do so and all screening of content by Efileconvert.com is done only as a courtesy to users.

The Services may also contain links to third party websites or online resources, goods or services. Efileconvert.com does not control and is not responsible for such websites or online resources, goods or services or your use of or reliance on them.

If you choose to transact with any third party, you are solely responsible for ensuring that you accept and comply with their terms of use and/or privacy policies, including, without limitation, where applicable, their privacy, shipping, billing, order cancellation, refund and/or exchange terms or policies.

Efileconvert.com does not warrant or endorse and takes no responsibility and assumes no liability for any third party content you encounter when you Use the Services or any third party software, websites, online resources, goods and services or links thereto, as described above (collectively, “Third Party Materials”). All Third Party Materials are provided solely for your convenience. To the extent you choose to use or rely on such Third Party Materials, you are solely responsible for your own use of and reliance on such Third Party Materials and for your own compliance with applicable law.

Content types (including, without limitation, genres, sub-genres, podcast categories and sub-categories) and descriptions displayed to you as part of the Services are provided for your convenience only, and you acknowledge and agree that Efileconvert.com does not guarantee their accuracy or reliability.

DISCLAIMER

YOUR USE OF THE SERVICES AND THIRD PARTY MATERIALS IS AT YOUR OWN RISK.

THE SERVICES AND ALL THIRD PARTY MATERIALS SUPPLIED BY EFILECONVERT.COM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EFILECONVERT.COM DOES NOT WARRANT AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS IN RESPECT OF THE SERVICES, ALL THIRD PARTY MATERIALS AND ALL COMPUTER SERVERS AND EQUIPMENT DEPLOYED BY EFILECONVERT.COM OR ITS SERVICE PROVIDERS TO ENABLE THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, CORRECTNESS, RELIABILITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

EFILECONVERT.COM DOES NOT WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES OR ANY THIRD PARTY MATERIALS AT THE TIMES OR LOCATIONS OR YOUR CHOOSING OR THAT YOUR USE OF THE SERVICES OR ANY THIRD PARTY MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. IN NO EVENT SHALL EFILECONVERT.COM BE LIABLE TO YOU OR RESPONSIBLE FOR ANY DOWNTIME OR SERVICE OUTAGE (WHETHER SCHEDULED OR UNSCHEDULED) AFFECTING YOUR USE OF THE SERVICES.

EFILECONVERT.COM ALSO DOES NOT WARRANT THAT THE SERVICES OR ANY THIRD PARTY MATERIALS ARE FREE FROM VIRUSES AND OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, PROGRAMME OR MACRO OR THAT ANY TRANSACTIONS, COMMUNICATIONS OR DATA (INCLUDING, WITHOUT LIMITATION, PERSONAL DATA) WILL BE SECURE, FREE FROM LOSS, CORRUPTION, THEFT OR DESTRUCTION, UNAUTHORISED ACCESS OR ALTERATION, ATTACK, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION.

YOU HEREBY RELEASE EFILECONVERT.COM FROM ANY LIABILITY RELATING TO THE FOREGOING.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EFILECONVERT.COM OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THIRD PARTY MATERIALS. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE SERVICES IS TO STOP USING THE SERVICES.

TO THE EXTENT THAT THE USE OF THE SERVICES REQUIRES YOUR DEVICE TO BE CONNECTED TO THE INTERNET, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR PROCURING YOUR OWN INTERNET CONNECTION AT YOUR OWN COST AND EXPENSE. EFILECONVERT.COM IS NOT RESPONSIBLE FOR AND DOES NOT MAKE ANY ASSURANCES ABOUT THE AVAILABILITY OR FUNCTIONALITY OF ANY INTERNET CONNECTION. YOU AGREE TO REFER ALL QUERIES AND COMPLAINTS WHICH YOU MAY HAVE IN RELATION TO YOUR INTERNET CONNECTION TO YOUR INTERNET SERVICE PROVIDER AND TO RESOLVE ANY DISPUTES RELATING TO THE SAME WITH YOUR INTERNET SERVICE PROVIDER DIRECTLY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO TO THAT EXTENT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT MAY NOT APPLY TO YOU.

IDEMNITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EFILECONVERT.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, YOUR BREACH OF ANY WARRANTY OR OTHER PROVISION OF THIS AGREEMENT, AND ANY THIRD PARTY CLAIM THAT YOUR CONTENT INFRINGES ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF A THIRD PARTY.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL EFILECOVERT.COM BE LIABLE FOR PERSONAL INJURY OR LOSS OR DAMAGE OF ANY KIND, HOWSOEVER CAUSED, EVEN IF EFILECONVERT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF ANY OPPORTUNITY TO PARTICIPATE IN EVENTS OR WIN PRIZES OR REWARDS, LOSS OF ANY WINNINGS, PRIZES OR REWARDS, LOSS OF GOODWILL OR LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING (WHETHER DIRECTLY OR INDIRECTLY) FROM OR IN ANY WAY CONNECTED WITH:

     (a) THE USE OR INABILITY TO USE THE SERVICES OR ANY THIRD PARTY MATERIALS;

     (b) THE UNAVAILABILITY OF THE SERVICES OR ANY THIRD PARTY MATERIALS;

     (c) THE CONDUCT OR REPRESENATIONS OF ANY OTHER USER OF THE SERVICES, INCLUDING ANY EVENT ORGANIZER; OR

     (d) ANY ERRORS, OMISSIONS, OBSCENITIES OR INFRINGING, OFFENSIVE, FRAUDULENT, UNLAWFUL OR DEFAMATORY INFORMATION AND MATERIAL MADE AVAILABLE BY THE USE OF THE SERVICES OR ANY THIRD PARTY MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SO, TO THAT EXTENT, THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL EFILECONVERT.COM TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY UNITED STATES DOLLARS (US$50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.

TERMINATION

You are free to stop Using the Services at any time.

Efileconvert.com may at any time for any reason terminate this Agreement immediately without prior notice and without liability to you.

Your licence to Use the Services will automatically terminate immediately without any notice or liability to you in the event that:

     1. you have breached, or EFileconvert.com suspects that you have breached, any warranty or other provision of this Agreement; or

     2. in Efileconvert.com opinion, your Use of the Services may expose Efileconvert.com or its licensors to civil or criminal liability in any jurisdiction.

Upon the termination of this Agreement, your right to Use the Services under this Agreement will immediately terminate.

In lieu of terminating this Agreement, Efileconvert.com reserves the right to suspend or impose restrictions or limits on your Use of the Services immediately without prior notice and without liability to you.

You acknowledge, accept and agree that Efileconvert.com has the right of remote access to your device in order to disable or in any way configure the Services or any of its features or functionalities on your device to give effect to any termination, suspension, restriction or limit imposed on your Use of the Services under this Agreement.

Notwithstanding any termination of this Agreement, you will remain liable for all amounts due under this Agreement up to and including the date of termination.

The provisions of this Agreement which, by their terms, require performance or have application after the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement.

EXPORT CONTROL

You must not export or re-export the Services except at authorized by United States law and the laws of jurisdiction in which the Services was obtained. In particular, but without limitation, the Services must not be exported or re-exported (a) into any US embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. You represent and warrant that you are not located in any such country or any such list. You also agree not to Use the Services for any purpose prohibited by these laws including, without limitation, the development, design, manufacture, or production of nuclear, chemical, or biological weapons or missile technology.

FORCE MAJEURE

Efileconvert.com shall have no liability for any failure or delay in the provision of the Services or the performance of any obligation under this Agreement if the failure or delay is due to any cause or event beyond its reasonable control, including, without limitation, natural disaster, adverse weather conditions, accident, epidemic, terrorist activity, national emergency, war or other hostilities, political interference with normal operations of any party, strikes or industrial disputes, riots, power failure, failure or non-availability of third party telecommunication equipment or networks and failure or non-availability of the Internet (or any part thereof).

NO ASSIGMENT

All rights and licences granted to you under this Agreement are personal to you and are binding upon your heirs, executors and legal representatives, as the case may be. You may not assign any such rights and licences or transfer or delegate any obligations imposed by this Agreement without prior written consent. Efileconvert.com may assign or transfer its rights and obligations under this Agreement to any other party without your consent at any time without prior notice.

GOVERNING LAWS

These Terms shall be solely governed by the laws of the state of California, including their statutes regarding conflict of laws and may be solely brought to the competent courts of California. You undertake not to initiate any class action, for any reason, against Efileconvert.com and to claim your damages only according to this agreement.

The application of the United Nations Convention on the International Sale of Goods is expressly excluded.