Terms of Use
Welcome to eForm!
eForm, Inc. and our affiliates and partners provide our services to you subject to the following notices, terms, and conditions and to our Privacy Policy (together, our Agreement). When you use any such service or fulfill or deliver any orders originated at or facilitated by eForm, you are subject to all governing state and federal laws, and all applicable rules, policies, terms, and conditions. In this Agreement, eForm, we, us, and our all refer to eForm, Inc.
Agreement with Terms
By using this website or mobile application, or working with our employees or agents by any means (including telephone, text, email, chat, in-person, or any other mechanism), you accept our Agreement. We reserve the right to make changes to our websites, our mobile applications, our services, and the Agreement at any time. Your use of our services or working with our employees or agents after any changes have been made constitutes acceptance of the changes.
Ownership and Use of Website, Copyright and Trademarks
This website or mobile application is the sole property of eForm or our affiliates, partners or content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this website or mobile application, the content, and all software used on this website or mobile application, are the exclusive property of eForm or our affiliates or partners and are protected by U.S. and international copyright laws. Title to any part of this property shall not pass to you or to any other person or entity.
This website, mobile application, compilation, content and software may only be used as a personal e-commerce resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, sale, resale, unauthorized use, or other exploitation of any part of the website, mobile application, compilation, content and software without express prior written permission from eForm is strictly prohibited, may violate copyright, trademark and other laws, and may result in your being responsible for any and all associated damages. The application or linking of this website, mobile application, compilation, content or software into any other website, mobile application, compilation, content or software without express prior written permission from eForm is also strictly prohibited.
eForm.com, the eForm logo, and certain other product or service names referenced are trade or service marks of eForm. Certain product, company, trade, and service names referenced are trade or service marks of their respective owners. None of these marks may be used in connection with any product or service different from that correctly associated with the mark, in any manner that disparages or discredits the mark’s owner, or in any manner that is likely to cause confusion.
eForm and our affiliates and partners reserve the right to refuse service, terminate accounts, and/or modify or cancel orders at our discretion, for any cause or without cause.
Ownership of Certain Information
If you post names of, reviews of, or comments on products or companies on eForm’s websites or mobile applications, you grant eForm and our affiliates and partners a non-exclusive, royalty-free, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such names, reviews, and comments throughout the world in any media. You also grant eForm and our affiliates and partners the right to use the name (if any) that you submit with any name, review, or comment in connection with such name, review, or comment.
If you allow us to post your services menu, pricing, logo, photographs or other images, delivery terms or delivery requirements, or any other information on our websites or mobile applications, you grant eForm and our affiliates and partners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such menu, pricing, logo, delivery requirements, or other information throughout the world in any media, subject to our usage of your trade or service marks as specified elsewhere in these Terms.
Risk of Loss; Guarantee
All services and/or items purchased through eForm are made pursuant to a fulfillment agreement with one or more third parties (such as service providers or delivery companies). Should there be errors, eForm will offer every reasonable assistance in the correction of that error. In any event, however, the risk of loss and title for such services and/or items pass to you upon our conveyance of your order to the third party/ies. It may be necessary for you to file claims with those parties.
Indemnification
You, your employer (if any), and any individual or company (if any) for whom you are a contractor, agree to indemnify and hold eForm, our subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, damage, claim, or demand, including reasonable attorneys’ fees, made by any party due to or arising out of (a) your use of this website or mobile application or any eForm services in any way, (b) your fulfillment or attempted fulfillment of any orders sent to you or facilitated by eForm, (c) your delivery or attempted delivery of any orders sent to you or facilitated by eForm, whether sent to you directly or indirectly by eForm, or (d) any other engagement or attempted engagement with eForm.
Disclaimer
EFORM AND THIS WEBSITE OR MOBILE APPLICATION ARE PROVIDED BY EFORM ON AN “AS IS” BASIS. EFOM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR MOBILE APPLICATION OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR PRODUCTS INCLUDED IN THIS WEBSITE OR MOBILE APPLICATION OR CONVEYED IN EFORM. TO THE MAXIMUM EXTENT PERMISSIBLE, EFORM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EFORM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ITS SERVICES, OR FROM PRODUCTS OR SERVICES ACQUIRED THROUGH THIS SITE OR THROUGH ITS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. EFORM WILL NOT BE LIABLE FOR ANY BODILY INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE PERFORMANCE OF ANY PARTY IN CONNECTION WITH ANY SERVICE ARRANGED BY EFORM.
eForm disclaims any and all liability for the acts, omissions, and conduct of any users, service providers, delivery companies, third-party users, eForm users, advertisers and sponsors on the websites or mobile applications, and all and any other third parties, in connection with the websites or mobile applications or eForm, or otherwise related to use of the websites or mobile applications or eForm. eForm is not responsible for the products, services, actions, or failure to act of any third party. Without limiting the foregoing, you may report any believed misconduct to eForm at support@eForm.com. eForm may investigate and handle your claim, at our sole discretion.
eForm reserves the right to limit purchases and purchase quantities. In the event of any error, you may be limited to a single unit purchase. Pricing on this website or mobile application is subject to change without notice.
No Agency Relationship
You agree that eForm is not responsible for any information you convey, in any manner, and that we have no control over any actions you take or statements you make. You agree that you and eForm are independent contractors, and that neither you nor we are in any way an agent for the other party.
Children
You may not use the eForm websites or mobile applications or any of our services if you are under eighteen years of age.
Governing Law
The laws of the Commonwealth of California will govern these notices, terms, and conditions, without regard to the conflict of law principles.
Contact Us
Please never hesitate to email us at support@eForm.com or call us at 1-800-000-0000.
eForm, Inc.
111 Xyz Street
Suite 100
San Jose, CA 12345