Terms Of Use

Vintage Lead Sales: All Vintage Lead sales are subject to the terms set forth in section 8 of the "USER CONDUCT" portion of this Terms of Service Agreement and are sold on an AS-IS basis and are final. All Vintage Lead Sales shall be evidenced by a separately prepared and executed Insertion Order Agreement. All such insertion Orders are hereby incorporated herein by this reference as though fully set forth herein.

FUNDING YOUR ACCOUNT

We offer three methods by which you may fund your account.

POSITIVE ID IS REQUIRED FOR ALL CHECK AND CREDIT CARD FUNDINGS.

(1) Credit card: WHEN YOU USE THIS WEBSITE TO PLACE ANY AMOUNT OF YOUR EASE, INC ACCOUNT DEPOSITS ON YOUR CREDIT CARD, YOU ARE THE ONE MAKING THE CHARGE, NOT EASE. ONLY YOU CAN MAKE A CHARGE AGAINST YOUR CREDIT CARD; EASE DOES NOT MAKES REOCCURING CHARGES AGAINST YOUR CREDIT CARD UNLESS YOU GRANT US FULL AUTHORIZATION TO DO SO IN WRITING. If you use a credit card to fund your account, YOU AGREE TO NOT CHARGE BACK YOUR CARD for any reason until you contact us to try and resolve your dispute. If you are dissatisfied with our services or any Lead or Leads you have purchased using your credit card you must follow the return/refund policy and procedures set forth under this Terms of Service Agreement. In the event you breach this term and you charge back your credit card for all or partial amounts within your account, we will dispute the chargeback if we feel your claim is without merit. If we are called to defend against a chargeback initiated by you or your authorized agent, you will be charged an administrative service fee of one hundred ($100) dollars, which you agree to pay in addition to the amount of the Lead purchase fee due for Leads you have received to the date of the chargeback. Your user account balance will not reflect a deposit made until your credit card company has processed your payment into EASE Inc's merchant account. This date may differ from the date you actually authorize your payment.

(2) Check or Draft: If you use a check, including a fax check to 949-266-5725, you agree to not stop payment on the check for any reason. If you are dissatisfied with our services or any Lead or Leads you have purchased using your check or draft you must follow the return/refund policy and procedures set forth under this Terms of Service Agreement. If your check or draft is not honored by the bank for any reason, you are subject to and will be charged a return check fee equal to three (3) times the face value of the check up to a maximum of one hundred ($100) dollars, which you agree to pay in addition to the check face amount. Your user account balance may not reflect a deposit made into your user account until your check been deposited into our bank, processed and has cleared your bank. This date may differ from the date you send your payment or the date we receive your check.

(3) PayPal: If you use PayPal, payments are to be made to EASE, Inc's PayPal vendor account at paypal@easesolution.com. YOU AGREE TO NOT REQUEST A CHARGE BACK AGAINST THE CREDIT CARD used to fund the PAYPAL payment for any reason. If you are dissatisfied with our services or any Lead or Leads you have purchased using your credit card you must follow the return/refund policy and procedures set forth under this Terms of Service Agreement. In the event you breach this term and you charge back your credit card for all or partial amounts within your account, you will be charged a collection fee of one hundred ($100) dollars, which you agree to pay in addition to the amount of the lead purchase fee due for leads you have received to the date of the chargeback. Your user account balance will not reflect a deposit made until PayPal has processed your payment into EASE Inc's PayPal account. This date may differ from the date you actually authorize your payment.

In any of the above circumstances, ALL UNPAID ACCOUNTS WILL BE SENT TO COLLECTIONS. In addition to the account balance owed to us and chargeback collection fee of one hundred ($100) dollars, you will be responsible to pay any collection costs of not less than 40% of the outstanding balance in addition to reasonable attorney fees and court costs.

Automated Lead Delivery

A Lead, whether it is through Auto-Routing or through our services, is considered delivered when it is made available to you in your account and available to you for retrieval, regardless of any supplemental delivery method you may request. For Advertisers that EASE, Inc determines meet the technical requirements and operational and funding eligibility criteria, Leads shall be provided to your account pursuant to the parameters defined in your initial Insertion Order and according to the filtering criteria you may from time-to-time select. IT IS UP TO YOU, THE ADVERTISER TO SET AND MONITOR YOUR DELIVERY CRITERIA. We will not change or alter your settings without your permission.

Leads are delivered to you through our automated delivery system according to the price and filter criteria you choose. Advertiser may choose to have Leads automatically retrieved ("Auto-Routed") from your account by our automated lead delivery system and provided to you by email or other electronic delivery means such as HTTP Posts, XML Posts and other Form Posts; however, this does not change the delivered status once in your account nor does such an election eliminate your responsibility to check your account on a regular basis to ensure your leads are being retrieved. Auto-Routed Leads are normally delivered throughout the day during each Week throughout the year, as they are received into our database and cleared through our quality assurance check. EASE, Inc shall endeavor to make Leads available as soon after submission as is practical given quality assurance testing and lead volume loads experienced. EASE, Inc shall have no responsibility for any service or server outages or failure of Advertiser's email system, servers or Internet access.

LEAD CONTENT AND LIMITED GUARANTEE

Auto-Routed Leads: This is the most convenient and highest level of service available. Lead costs reflected under this superior level of service are influenced by the filter choices you make. By electing this level of service, leads are automatically sent to you each day based upon the filter criteria you choose. When reference is made on our website as to the age of a lead, that age is stated in terms of calendar days.

Leads are procured from varying commercial resources. EASE, Inc employs internal data validation procedures and makes every effort to ensure you receive only valid leads. These efforts may include a 24 hour lock-down period to phone verify the leads before they are distributed. Nevertheless, as the actual age of the data received may be different than the date EASE, Inc received the lead, occasionally a lead may contain information that, though consistent with our validation criteria, is no longer valid.

We offer a Limited guarantee that each Auto-Routed Lead to be a valid lead as defined in the "Definitions" section of this Agreement. Leads provided under your Initial Block Commitment that are subsequently shown to be Invalid Leads as defined in prior sections of this Agreement, will be replaced with a valid lead or be issued a store credit to your EASE, Inc account for the cost of invalid lead up to the maximum return allowance as defined in subsequent sections of this Agreement. YOU ARE NOT ENTITLED TO ANY CASH REFUNDS FOR STORE CREDITS PROVIDED TO YOU DURING YOUR COMMITMENT PERIOD. For leads purchased after your Commitment period, we will issue a store credit to your EASE, Inc account for the amount you paid for an Automatically Routed Lead that is subsequently shown to be an Invalid Lead as defined in prior sections of this Agreement according to our standard lead dispute and refund policy set forth in this Agreement.

Data provided within a lead is inputted solely by the Consumer and not EASE, Inc or anyone affiliated with us. Consumers do not submit their contact information directly to EASE, Inc. A lead may come to EASE, Inc from a variety of provider commercial sources only some of which may be owned by us. WE DO NOT GUARANTEE THE AGE OF THE DATA CONTAINED IN A LEAD, THE AGE OF THE CONSUMER'S OPT-IN REQUEST OR WITH WHOM THEY ORIGINALLY SUBMITTED THEIR OPT-IN CONTACT INFORMATION OR THAT THE CONSUMER, WHEN CONTACTED, WILL REMEMBER SUBMITTING THEIR CONTACT INFORMATION ON AN OPT-IN REQUEST. WE DO NOT GUARANTEE THAT THEIR EMAIL ADDRESS IS CORRECT OR THAT THEIR STATED VALUES, CREDIT QUALITY, OR OTHER VALUES ARE EXACTLY CORRECT AS THESE ARE ESTIMATES ENTERED BY THE CONSUMER WHEN COMPLETING THE APPLICATION. HOW YOU APPROACH AND HANDLE EACH LEAD IS UP TO YOU AND NOT UNDER THE CONTROL OF EASE. AS SUCH, WE DO NOT GUARANTEE YOUR RESULTS OR THAT YOU WILL CLOSE DEALS WITH OUR LEADS. Since most of our leads are non-exclusive, the Consumer may have started a loan process with another Company, so this is not a valid reason for a dispute, refund or credit. Similarly, Consumers often will change their mind after they submit a request for contact and thus may not be willing to apply with you, so this is not a valid reason for a dispute, refund or credit. We recommend contacting the Consumer as soon as you get the lead so you can be the first to earn their business.

EASE, Inc reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to periodically review this Terms of Service Agreement.

EASE, Inc reserves the right to monitor your disputes and returns to determine their validity. EASE, Inc reserves the right to verify your dispute rationale and in our sole discretion, determine if your dispute is valid. In the event your dispute is determined to be without merit, the charge for the valid lead will stand against your account, no credit will be issued, and a dispute validation penalty will automatically be charged to your account according to the terms set forth in our Lead Return Policy. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute. ABUSE OF THIS RETURN POLICY WILL NOT BE TOLERATED. In the event we determine in good faith that your dispute is without merit according to our lead return policy and that you are abusing our return policy based upon the number or frequency of disallowed returns, in addition to not receiving a credit of the lead cost, your account will automatically be charged a dispute validation fee of $10 for each disputed lead proven to be without merit. In addition to all other remedies under this contract and in law, EASE, Inc reserves the right to terminate your account if abuse of this Lead Return Policy is proven to exist.

EASE, Inc reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to review this Terms of Service Agreement each time you log into your account.

DISPUTED LEAD RETURN POLICY: (PLEASE READ CAREFULLY!)

Auto-Routed Leads: YOU ARE ALLOWED TO RETURN A MAXIMUM OF 15% OF THE TOTAL NUMBER OF INVALID LEADS YOU PURCHASED. ACCEPTANCE OF RETURN REQUESTS IN EXCESS OF THE maximum allowable percentage LIMIT or after the 5 day maximum period as set forth below SHALL BE at the sole discretion of EASE, Inc management. ALL RETURNS WILL BE VERIFIED FOR VALIDITY AND MAY BE REJECTED IF YOUR RETURN REASON IS WITHOUT MERIT. If any lead provided to you does not contain valid basic contact information as described in the previous guarantee section, within five (5) days of purchase simply go to the "Lead Returns" section after logging into your account at http://crm.easesolution.com. Then search the Lead Id and submit the return with reason for returning the Lead. Dispute percentages are electronically monitored and limited to a maximum of 15% of your total lead purchase volume. Disputes may be processed electronically unless your account has exceeded the return percentage maximum.

Subject to the maximum allowable return limit above, Replacement Leads or store credit shall be provided for Invalid Leads, however replacements shall not be provided for Leads where Consumers have elected not to use Advertiser's services. Advertiser hereby agrees to notify EASE, Inc in writing (via email to returns@easesolution.com) of any Invalid Leads within five (5) calendar days of their delivery to Advertiser, which notice shall specify the invalidation criteria that is not met. LEADS MAY NOT BE RETURNED AFTER FIVE (5) CALENDAR DAYS AFTER DELIVERY. Following EASE, Inc's confirmation of any Invalid Leads, EASE, Inc shall provide replacement Leads. Lead returns of three (3) or less from the same batch can be processes using the automated lead dispute system found on the http://crm.easesolution.com website. Disputed leads in excess of three (3) leads from the same batch will require customer service verification and manual processing. In such circumstances, you will be provided a name and contact phone number to call to complete your dispute.

EASE, Inc reserves the right to monitor, validate, either electronically or by physically contacting the Consumer, your disputes and returns to determine if your dispute is valid. In the event your dispute is determined to be without merit and that you are abusing our return policy based upon the number or frequency of disallowed returns, the charge for the valid lead will stand against your account and no credit will be issued. Proof of the validation results is available to you upon your written request. EASE, Inc reserves the right to charge your account a dispute resolution fee of $10 for each and every lead you attempted to dispute where such dispute is proven to be without merit. You should check your account often to monitor our decision to accept or deny your dispute within ten (10) working days of receipt of your dispute.

EASE, Inc reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to periodically review this Terms of Service Agreement.

REFUND/CREDIT POLICY: (PLEASE READ CAREFULLY!)

ALL REFUNDS AND CREDITS ARE SUBJECT TO THE INITIAL BLOCK STORE CREDIT RESTRICTIONS, INACTIVE ACCOUNT FEE POLICIES, LEAD DATA QUALITY GUARANTEES, AND DISPUTED LEAD RETURN POLICIES STATED IN PREVIOUS SECTIONS OF THIS TERMS OF SERVICE AGREEMENT. ALL REFUND OR STORE CREDIT REQUESTS (NOT AUTOMATICALLY PROCESSED BY OUR AUTOMATED SYSTEM AS STATED ABOVE) MUST BE SENT BY YOU IN WRITING (FAX OR U.S. MAIL ONLY) AND VERIFIED VIA TELEPHONE BY AN AUTHORIZED EASE REPRESENTATIVE. NO REFUNDS OR STORE CREDITS WILL BE PROCESSED OR ISSUED BASED UPON A VOICE TELEPHONE MESSAGE. NO EXCEPTIONS. No refunds to your account will be made during your initial or Volume Commitment periods without the express consent of EASE, Inc management. No refunds to your account will be made if your monthly Maximum dispute percentage has been reached as described in the above sections.

After account activation and your initial Block and/or Volume Commitment(s) ends, Store Credits or Refunds are offered ONLY in the following circumstances:

• A store credit to your EASE, Inc account will be processed within two business days following receipt an acceptance of a disputed lead(s).
• If a store credit is not possible through no fault of yours or if we cannot deliver those leads as promised for store credit., a refund to your bank card account will be processed to the last Credit Card account used to fund your EASE, Inc account. In the event a refund to your credit card is authorized more than 120 days following the initial charge, all refunds will be provided by EASE, Inc business check for the amount of the refund less applicable credit card surcharges paid by EASE, Inc for use of the credit card to fund the account being refunded.
• A refund to your Credit Card account or in the case of payment by check to the maker of the check will be given if you were over billed due to a technical error.
• If you prepaid your account and it has a credit balance equal or greater than $25 and no activity has occurred on your account in the past thirty (30) days, you will be charged a $25 administrative fee for each calendar month of inactivity. If your account has less than $25 and no activity has occurred on your account in the past thirty (30) days, your account will be debited the remaining balance in satisfaction of the administrative fee requirement and then closed.
• If you wish to voluntarily terminate your account and discontinue services with us and your prepaid account is in good standing with a credit balance greater than $50 you will receive a refund according to the payment method originally used to deposit the funds into your EASE, Inc account equal to the remaining balance less an account termination fee of $50 and any bank fees originally charged to EASE, Inc for the original funding. If your account balance is $50 or less on the date of termination, no refund will be issued.

Please allow up to ten (10) business days to process refunds once we have received your written request. If a refund request is received and authorized 120 days or more following the charge your refund will be by business check made payable to the name that appears on the credit card used and will be mailed only to the address listed as the billing address for the card user, NO EXCEPTIONS. Under such circumstances, EASE, Inc shall be entitled to deduct from your refund the merchant card participation fee equivalent to the merchant services charges paid by us for your initial charge to your bank card.

CONFIDENTIAL INFORMATION

The data form provided to you by EASE, Inc is proprietary to EASE, Inc and thus provided to you in confidence and for your individual business use only. YOU MUST KEEP ALL LEAD DATA CONFIDENTIAL. You may use the Lead data provided only for the business purpose contemplated under this Agreement. You may tell the prospective borrower that you got their Quote Request from EASE, Inc, however, without the prior written permission of EASE, Inc you may not forward, copy, or otherwise distribute in any form or media, the actual lead data to the prospective borrower or any other third party. UNDER NO CIRCUMSTANCES ARE YOU AUTHORIZED TO RESELL OR OTHERWISE DISTRIBUTE, WHETHER YOU ARE COMPENSATED OR NOT, ANY LEAD DATA SUPPLIED TO YOU BY EASE, INC TO ANY OTHER THIRD PARTY.

ADVERTISER'S RESPONSIBILITIES

You agree that you will not use EASE, Inc or EASE, Inc data for any unauthorized use including but not limited to chain letters, junk mail, "spamming", telephone solicitations in violation of any state or federal Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use EASE, Inc or EASE, Inc data to send any messages or materials that are unlawful, considered an act(s) against public policy, discrimination of any kind, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. EASE, Inc reserves the right to terminate User's account immediately and without notice, if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.

ACCOUNT AND PASSWORD

You will be provided a confidential account ID number by EASE, Inc and be allowed to choose your own confidential password. YOU ARE THE ONLY ONE AUTHORIZED BY EASE TO USE YOUR ACCOUNT ID AND PASSWORD. You are solely responsible for maintaining the confidentiality of your account ID and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify EASE, Inc of any unauthorized use of your account. Unless otherwise agreed to in writing, you will not be entitled to a return credit or refund for Lead(s) purchased through your account prior to you notifying us of an unauthorized use.

LINKS

Some Links on the EASE, Inc website may let you leave the EASE, Inc website. You understand the linked sites are not under the control of EASE, Inc and EASE, Inc is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. EASE, Inc is not responsible for web casting or any other form of transmission received from any linked site. EASE, Inc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EASE, Inc of the linked site or any association with their operators.

RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE EASE, INC SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EASE, INC EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE EASE, INC SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EASE, INC, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL EASE, INC, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE EASE, INC SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE EASE, INC SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EASE, INC RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT EASE, INC IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM EASE, INC AND ITS AFFILIATES.

LIMITATION OF LIABILITY

EXCEPT FOR ACTIONS BY EASE, INC TO COLLECT FEES DUE TO US, IN THE EVENT THAT EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NON-BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, SUBJECT TO THE DAMAGE AMOUNT LIMITATION SET FORTH BELOW, THE LIABILITY OF THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY INCLUDING EASE, INC, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. LIABILITY OF EASE, INC, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100) WHICHEVER IS LESS.

WITH THE EXCEPTION OF A LEGAL ACTION BY US TO COLLECT PAYMENT OF FEES DUE FOR LEADS DELIVERED TO ADVERTISER FOR WHICH SUCH ACTION MAY BE BROUGHT WITHIN THREE (3) YEARS OF THE DEBT BEING INCURRED, NO OTHER ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

FORCE MAJEURE

Neither party shall be liable in any way for its failure to perform hereunder, other than its failure to pay any monies due and owing hereunder, if such failure is occasioned by any of the following: war; fire; flood; interruption of transportation; embargo; accident; explosion; governmental orders, regulations, restrictions, priorities or rationing; strike, lockout or other labor problems; or any cause beyond the reasonable control of the non-performing party provided, however, that the non-performing party shall make a good faith effort to perform.

COPYRIGHT AND TRADEMARKS

All contents of the EASE, Inc website are proprietary to EASE, Inc. its successors and assigns, and/or its suppliers and are protected under U.S.A. and international Copyright and Trademark laws. All rights are reserved. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement; you may, however, print a copy of the information on this website for your personal records to be used as a reference. EASE, Inc does not grant any license or other authorization to any user of its trademarks, service marks, copyrightable material or other intellectual property by placing them on this website. EASE, Inc reserves any rights not expressly granted herein.

TERM OF AGREEMENT AND TERMINATION

This Agreement shall remain in force and effect as long as you hold an account with EASE, Inc. This Agreement is automatically renewed each time you access the EASE, Inc website and/or log-in to your account and/or use our services. You may close your account at any time after the 60th calendar day following your account activation and terminate this Agreement by providing not less than ten (10) days prior written notice sent by traditional postal service mail, courier or facsimile to EASE, Inc of your desire to cancel your account. Absence of such a voluntary cancellation this agreement may be terminated immediately by either party:

1) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or

2) At any time upon written notice (including electronic mail) with or without cause by EASE, Inc in the event of a material breach by you of any of the Terms of Service set forth herein.

3) Upon written notice to the other party if such party reasonably believes that (i) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (ii) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.

GOVERNING LAW AND CHOICE OF VENUE

California law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liability clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of California, County of Orange or to any Federal Court located within the southern district for the State of California.

INTERPRETATION AND CONSTRUCTION

No provision of this Agreement shall be construed in favor of or against EASE, Inc or you by reason of the extent to which any such party or its counsel participated in the drafting thereof. The parties agree that California Civil Code Section 1654 shall not apply to the terms of this Terms of Service Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental. In the event of any conflict between the terms of this Agreement and the Insertion Order, the terms of this Agreement shall control.

ARBITRATION

With the exception of an action to collect unpaid fees for leads purchased by Advertiser which shall be brought in traditional court settings, Any dispute or claim arising hereunder shall be submitted to binding arbitration in Orange County, California, and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, ("AAA"), and the parties expressly waive any right they may otherwise have to cause any such action or preceding to be brought or tried elsewhere. Any such dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The parties hereunder further agree that: (i) any request for arbitration shall be made in writing and must be made within a reasonable time after the claim, dispute or other matter in question has arisen; provided however, that in no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute, or other matter would be barred by the applicable statues of limitations; (ii) the appointed arbitrator must be a former or retired judge or attorney at law with at least five (5) years experience in the substantive area of this Agreement; (iii) all proceedings involving the parties shall be reported by a certified shorthand reporter and written transcripts of any such proceedings shall be prepared and made available to the parties; (iv) the decision of the arbitrator or arbitrators must be made within ninety (90) days from the date the arbitration proceedings are initiated; (v) costs and fees of the arbitrator shall be borne by the non-prevailing party, unless the arbitrator or arbitrators determine otherwise; (viii) the award or decision of the arbitrator, which may include equitable relief, and reasonable attorneys fees and costs to the prevailing party, shall be final and judgment may be entered on such award in accordance with applicable law in any court having jurisdiction over the matter. The parties agree that in connection with any such arbitration, the following provisions of the California Code of Civil Procedure, as enacted or hereafter amended, shall apply: Section 1856, et seq., "The General Principles of Evidence"; Section 2016, et seq., "The Civil Discovery Act"; and Section 1283.5, "Manner of Taking Deposition."

Should either party file an action contrary to this provision, the other party may recover reasonable attorneys' fees and costs of not less than one hundred ($100) dollars and not more than the actual reasonable attorneys fees and costs incurred in defending such an action and subject to written verification, proof and approval by a court of competent jurisdiction with whom the action in question was heard.

SEVERABILITY

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless EASE, Inc against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with EASE, Inc.

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

ASSIGNMENT

You may not sell, mortgage, assign or otherwise transfer any of your rights or obligations under this Agreement to any other person or entity, without the express written consent of EASE, Inc. Notwithstanding the foregoing, either You or EASE, Inc may assign its rights and obligations under this Agreement without consent and without notice to the other, and both You and EASE, Inc shall accept such assignment as a novation, to a successor as a result of a change in business legal structure, corporate restructuring, reorganization, merger, consolidation, or acquisition of all or substantially all of the assigning party's stock or assets, provided that this Agreement shall be binding upon, inure to the benefit of and be enforceable by You and EASE, Inc and their respective successors and assigns.

ENTIRE AGREEMENT

This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.

MODIFICATION OF TERMS

EASE, Inc reserves the right to modify this Terms of Service Agreement and its policies at any time and without advance notice to you, effective upon making the modified provisions available on the EASE, Inc website. You are responsible for regularly reviewing these documents. Continued use of the EASE, Inc website after any such changes shall constitute your consent to such changes. EASE, Inc does not and will not assume any obligation to notify you of any changes to this Terms of Service Agreement.

INDEPENDENT COUNSEL

Your establishing of an account and/or your use of the EASE, Inc website is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.