Last Updated: May 1, 2012
EOS Software Development respects your right to privacy and will never collect, share or sell your personal data. Our Applications, Products and/or other Services may collect anonymous usage data which may be used to help us improve features within the Applications, Products and/or other Services, enhance the way users interact with the Applications, Products and/or other Services and/or proactively resolve technical issues.
GoBooks for FreshBooks
EOS Software Development will not have access to any personally identifiable information or any data contained within your FreshBooks account. FreshBooks is a service provided by 2NDSITE Inc. The use of GoBooks for FreshBooks and services provided by FreshBooks also means that you agree to and are subject to FreshBooks’ Terms of Service and/or all other applicable policies.
The GoBooks for FreshBooks name and logos are trademarks and intellectual property of EOS Software Development and may not be used without permission. FreshBooks is a trademark of 2NDSITE Inc.
Application and Content Usage Policy
Content available through the use of the Applications, Products and/or other Services developed by EOS Software Development, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is referred to as “Content”. Content provided by Users is considered “User Content”.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people.
Please read these Terms carefully before using the Services. By purchasing and/or using the Applications, Products and/or other Services provided by EOS Software Development you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the applications or other products and services provided by EOS Software Development.
Any Applications, Products and/or other Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through an Application, Product, Service or these Terms.
Ownership, Copyright and Trademarks
With the exception of User Content, all Content and all Applications, Products and/or other Services, and the data containted within, developed by EOS Software Development or used to create, operate or provide content from third-party services is the property of EOS Software Development and/or its licensors, and is protected by United States and international copyright laws, and all rights to the Applications, Products, Services and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Applications, Products and/or other Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by EOS Software Development.
Limited License to Applications, Services and Content
EOS Software Development grants users of the Applications, Products and/or other Services a limited, revocable, non-exclusive, non-sublicensable license to access the User Content only and to view, copy and print the portions of the User Content available to you through our applications and/or other products and services. All Content, in part or in whole, developed and owned by EOS Software Development, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement are subject to subject to these Terms, and specifically conditioned upon the following: (1) you may only view, copy and print such portions of the Content for your own use; (2) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content except as expressly permitted in these Terms unless you have otherwise requested and received permission in writing from EOS Software Development; (3) you may not use and/or display the Content in any marketing and/or promotional works, including but not limited to, a website, printed material, video and/or any other form of media; (4) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (5) you may not use any data mining, robots or similar data gathering or extraction methods; and (6) you may not use any Application, Software, Services or the Content owned by EOS Software Development other than for their intended purpose.
Except as expressly permitted above, any use of any portion of the Applications, Products and/or other Services without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by EOS Software Development at any time.
You represent and warrant that your use of the Applications, Products the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of the Applications, the Products, the Services and the Content not included in this license, you may contact EOS Software Development using the contact information provided at the bottom of these Terms.
Third Party Services
Our the Applications, Products and/or other Services may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information, including Add-ons, payment processors and other payment intermediaries that you may use in connection with your use of the application and the Content. You use links to Third-Party Sites and any Third-Party Content or service provided there, at your own risk.
EOS Software Development makes no claim or representation regarding Third-Party Content or Third-Party Sites, and provides them or links to them only as a convenience. Inclusion in the Services of a link to a Third-Party Site or Third-Party Content does not imply EOS Software Developments’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. EOS Software Development accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Services. When you leave the Applications, Products and/or other Services, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You acknowledge and agree that EOS Software Development and its affiliates are third party beneficiaries of the End User License Agreement for each Add-on, and that, upon your acceptance of the terms and conditions of the license to any such Add-on, EOS Software Development will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
EOS Software Development may run advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. EOS Software Development is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers.
The Applications, the Content, the Add-ons and the Services are provided to you on an “as is” basis without warranties from EOS Software Development of any kind, either express or implied. EOS Software Development expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. EOS Software Development does not represent or warrant the Content, the Add-ons or the Services are accurate, complete, reliable, current or error-free.
While we attempt to make your access to and use of our Applications, Products and/or other Services safe, EOS Software Development does not represent or warrant that the Application, the Content, the Add-ons or the Services are free of viruses or other harmful components.
Limitation of Liability
You waive and shall not assert any claims or allegations of any nature whatsoever against EOS Software Development, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Applications, the Content, the Add-ons or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content, the Add-ons or the Services. You use the Applications, the Content, the Add-ons and the Services at your own risk.
Without limitation of the foregoing, neither EOS Software Development nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Applications, the Content, the Add-ons or the Services, including without limitation any damages caused by or resulting from your reliance on the Applications, the Content, the Add-ons or the Services or other information obtained from EOS Software Development or any other Released Party or accessible via the Applications, the Content, the Add-ons or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Applications or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of EOS Software Development, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Applications, the Content, the Add-ons or the Services exceed any compensation paid by you for access to or use of the Applications, the Content, the Add-ons or the Services, as the case may be, during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless EOS Software Development and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Applications, the Content, the Add-ons and the Services, and if you are a User, from your Customers’ use of the the Applications, the Content, the Add-ons and the Services by any person to whom you give access to your account (including as staff), including any claims made by any person that any of your, and if you are a Subscriber, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party.
Applicable Laws and Venue
EOS Software Development operates in Oklahoma City, Oklahoma and the Applications, Products and Services provided by EOS Software Development are derived from this location. You and EOS Software Development explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Applications, the Content, the Add-ons or the Services will be governed by the laws of the State of Oklahoma and the federal laws of the United States applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving EOS Software Development and arising out of or relating to (a) these Terms; (b) the Applications, the Content, the Add-ons or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Applications, the Content, the Add-ons or the Services; or (d) the relationships that result from these Terms or the Applications, the Content, the Add-ons or the Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against EOS Software Development related to any Claim and, where applicable, you also agree to opt out of any class proceedings against EOS Software Development.
To the extent arbitration is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Oklahoma County, Oklahoma. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to purchase, use and/or other wise access the Applications, the Content, the Add-ons or the Services from locations other than Oklahoma, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify EOS Software Development and the other Released Parties for your failure to comply with any such laws.
Termination of Use
Notwithstanding any provision of these Terms, EOS Software Development reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Applications, the Services, or any portion thereof (including any use of any Add-on) and the rights of any third party to which you have granted access to your User Content; (b) block or prevent your future access to and use of all or any portion of the Applications, the Services or Content (including any use of any Add-on) and the rights of any third party to which you have granted access to your User Content; (c) change, suspend or discontinue any aspect of the Applications, Services or Content; and (d) impose limits on the Applications, the Services or the Content.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
EOS Software Development may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of EOS Software Development, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and EOS Software Development regarding your use of the Applications, the Content, the Add-ons and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and EOS Software Development regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
EOS Software Development
4200 Perimeter Center, Suite 245
Oklahoma City, Oklahoma 73112