Terms and Conditions

Agreement between user and Eggacy, LLC.
This agreement is between you, the “user” and Eggacy, LLC as well as its affiliates, agents, employees, successors, representatives, and integrated technology providers.

This agreement applies to all Eggacy™ offerings, collectively the “System(s)”, which includes, but is not limited to, the website, the administrative web suite, mobile application(s), and any other product already, or yet-to-be, developed by Eggacy, LLC. regardless of product name, version, or configuration. It also applies to use of Eggacy™ content and technologies as they are integrated into other, 3rd-party, systems.

The Eggacy™ System(s) is comprised of various web pages and other technologies operated by Eggacy, LLC. (“Eggacy”). The System(s) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the System(s) constitutes your agreement to all such Terms, as presented at the time of your account creation and as they evolve over the course of your utilization of the Systems. Please read these terms carefully, and keep a copy of them for your reference. You also agree to check back periodically to ensure that you remain updated and in compliance.

Eggacy, LLC reserves the right to modify the Terms, Conditions, and/or Policies at any time. Your continued use of the System(s) demonstrates your intent to review these Terms periodically.

The System(s) may include eCommerce technology.

Eggacy™ System(s) may provide technologies to be integrated to 3rd-party systems.

Eggacy™ System(s) may utilize 3rd-party technologies into integrated offerings for Eggacy users.

Electronic Communications
Visiting Eggacy.com, or using the System(s), or completing forms on or integrated with Eggacy™, or sending emails to Eggacy™, or permitting SMS/text messaging and/or notifications constitutes electronic communications. By creating an account, and implicitly agreeing to the Eggacy™ Terms & Conditions, or by participating in communication outlets such as email, web forms, web visits, SMS notifications, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Eggacy™ provides to you electronically satisfy any legal requirement that such communications be in writing.

Eggacy, LLC. does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may not use the Eggacy™ System(s).

Links to third-party sites/Third-party services/Third-party content
Eggacy™ System(s) may contain links to other websites (“Linked Sites”) or technologies. The Linked Sites are not under the control of Eggacy™ and Eggacy™ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Eggacy™ provides these links only as a convenience or reference, and the inclusion of any link does not imply endorsement by Eggacy of the site or any association with its operators.

Some Eggacy™ System(s) features make it possible for Eggacy™ users, or account-holders, or participants to send messages to other Eggacy™ System(s) users, or account-holders, or participants. Eggacy™ is not responsible for, nor does it implicitly endorse, any content which is generated by users, account-holders, or participants. Your use of Eggacy™ System(s) demonstrates an understanding of these Terms and that you agree to hold Eggacy, LLC. harmless of any content which is deemed to be illicit, inappropriate, or otherwise. You also agree to report any questionable content to Eggacy™ in writing.

Eggacy™ reserves the right to cancel and/or remove any content, emergency alerts, users, account-holders, integrated technology, feature-sets, at any-time, without written notice, and at its sole discretion in order to rectify, or reduce the likelihood of, anything it deems to be inappropriate.

Eggacy™ may, at its discretion, report any inappropriate content or behavior to authorities.

You agree not to store or share anything using the Eggacy™ System(s) that is illegal, slanderous, inappropriate.

You understand that there may be sensitive information within the Eggacy™ System(s) and you will make all reasonable efforts to protect, not share, your account access information, or any other posted or published information.

You understand that, by creating an Eggacy™ account, you agree that you are the owner of the name, likeness, and associated content. You will not share your access with others. The only way for others to get access to your content would be in the context of their service to you as a KeyHolder.

Certain services made available via Eggacy™ System(s) are delivered by third-party sites, and/or organizations. By using any product, service, or functionality originating from the Eggacy™ System(s), you hereby acknowledge and consent that Eggacy™ may share information and data with any party for whom that information and data is required in the fulfillment of your purposes.

Content
Except for material that we license to you, Eggacy, LLC does not claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don’t control, verify, or endorse the Content that you and others make available in the Eggacy™ System(s). Do not copy, upload, download, or share content unless you have the right to do so.

Eggacy, LLC provides functions that allow you to control who may access your Content. If you enable the features that allow you to share the Content with others (i.e. Keyholders), anyone you’ve shared content with may have access to your Content.

You hereby grant Eggacy, LLC and its contractors the right to encrypt, store, backup, use, modify, adapt, reproduce, distribute, and display Content posted on the System(s) solely to the extent necessary to provide the System(s) or as otherwise permitted by these Terms.

You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the System(s) and to grant the rights in this Section; and, (b) the storage, use or transmission of the Content doesn’t violate any law or these Terms.

You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person’s rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of the Content, which may include your use of additional mechanisms or encryption technology to protect the Content from unauthorized access. Eggacy, LLC will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.

You must immediately notify Eggacy, LLC of any unauthorized use of any (a) Content (b) any Account or (c) the System(s) that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Eggacy, LLC with such cooperation and assistance related to any such unauthorized use as Eggacy, LLC may reasonably request.

Content Storage
By using and accessing the Eggacy™ System(s), you understand and consent to the storage and processing of the Content and any other personal information by Eggacy, LLC.

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Eggacy™ System(s) strictly in accordance with these terms of use and in accordance with whatever parameters, subscription limitations, or product permissions are conveyed or implicit to your account. As a condition of your use of the System(s), you warrant to Eggacy™ that you will not use the System(s) for any purpose that is unlawful or prohibited by these Terms. You may not use the System(s) in any manner which could damage, disable, overburden, or impair the System(s) or interfere with any other party’s use and enjoyment of the System(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System(s) and your account within the System(s).

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the System(s), is the property of Eggacy, LLC. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System(s). Eggacy™ content is not for resale. Your use of the System(s) does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Eggacy™ and/or the respective copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Eggacy™ or our licensors.

Your continued use of functionality within the System(s), including generation or publication of news, events, certificates, IDs, or any other System(s) artifact(s) confers to Eggacy™ the right to use such publication(s) or artifact(s) for marketing or development purposes. Do not use the Eggacy™ System(s) to generate content which you do not release to Eggacy™.

Your Eggacy™ Account
Access to the Eggacy™ System(s) will be possible for the User only through use of a valid username and password. If you choose a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You may not use, or attempt to use, any username or password for any unauthorized purpose. You agree to notify Eggacy, LLC immediately of any unauthorized access to or use of your username or password or any other security breach. You are responsible for any and all actions taken under your username and password. You must protect any Content in your possession from unauthorized use or disclosure, using at least a reasonable degree of care. Eggacy, LLC will not be liable for any loss or damage arising from any unauthorized use of your Eggacy™ account. Eggacy, LLC has the right to disable any username, password, or other identifier at any time in our sole discretion if, in our opinion, You have violated any provision of these Terms.

Eggacy is constantly developing security functionality and protocols as well. Check out our FAQs for the latest. Foundationally – you are not obligated to provide ANY information to use Eggacy. Add information at your own discretion. If you are concerned about security for sensitive items, take advantage of the options provided within the system to make notes or point to outside sources for sensitive information. Eggacy is intended to simply be a helpful way for you to keep track of / organize your stuff. And it’s beneficial to your loved ones even withOUT sensitive details. Even if all you do is let them know that an Egg exists, that’s better than nothing. Or if you want to point them to where they can find more about that egg, then that’s fine too.

Billing
You may purchase a Paid Subscription directly from Eggacy, LLC by paying a subscription fee on a monthly basis. Eggacy, LLC may change the price for the Paid Subscriptions 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 Eggacy, LLC 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.

Renewal or Cancellation
Your Paid Subscription payment to Eggacy, LLC 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. 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. Eggacy, LLC does not provide refunds or credits for any partial subscription periods.

Paid Subscriptions may offer a free trial prior to charging your payment method. If you have purchased a Paid Subscription using a Coupon Code, your Paid Subscription will automatically begin billing at the end of the period stated in the Coupon Code. If you decide to unsubscribe from a Paid Subscription before Eggacy, LLC starts charging your payment method, you must cancel the Paid Subscription at least 24 hours before the free trial ends.

Returns and/or Refunds
You may opt to cancel your paid service at any point. Eggacy, LLC does not offer a refund for services already rendered nor does it offer a pro-rated refund for time that was paid in advance.

Eggacy, LLC
1641 La Madera Lane
San Marcos, CA 92078

The Eggacy™ policies regarding returns and/or refunds do not extend to third-party service providers or integrated technologies. You accept responsibility, and hold Eggacy™ harmless, for any transaction which includes or pertains to a third-party service, content, or technology provider.

International Users
The System(s) are controlled, operated and administered by Eggacy™ from within the USA. If you access the System(s) from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the System(s) in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Eggacy™, its officers, directors, employees, agents and third party personnel or integrated technology providers, for any losses, costs, liabilities and expenses (including attorney’s fees) relating to or arising out of your use of or inability to use the System(s) or services, any user postings made by you or otherwise, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Eggacy™ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Eggacy™ in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SYSTEM(s) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EGGACY, LLC. AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM(S) AT ANY TIME.

EGGACY, LLC. AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SYSTEM(S) FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EGGACY, LLC. AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU AGREE TO ACCEPT RESPONSIBILITY FOR YOUR USE OF THE SYSTEM(S) AND SERVICES RELATED THERETO.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EGGACY, LLC. AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM(S), WITH THE DELAY OR INABILITY TO USE THE SYSTEM(S) OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EGGACY, LLC. OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM(S), OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM(S).

Termination/access restriction
Eggacy™ reserves the right, in its sole discretion, to terminate your access to the System(s) and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the System(s) and/or related services. Use of the System(s) is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eggacy™ as a result of this agreement or use of the System(s). Eggacy™’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eggacy™’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the System(s) or information provided to or gathered by Eggacy™ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Eggacy™ with respect to the System(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Eggacy™ with respect to the System(s). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Eggacy™ reserves the right, in its sole discretion, to change the Terms under which the System(s) are offered. The most current version of the Terms will supersede all previous versions.

Contact Us
Eggacy™ welcomes your questions or comments regarding the Terms. Please complete the online form located at https://www.eggacy.com/help/.

Updated July 1, 2019.