Member Account, Password, and Security
If the Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Ezepo immediately of any unauthorized use of your account or any other breach of security. Ezepo will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Ezepo or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Use of Site and/or Service
Ezepo permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. You agree that you will not use the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site or Service. Ezepo reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion. Ezepo may discontinue or restrict your use of the Site and/or Service for any reason or no reason with or without notice.
Specific terms and conditions apply to your purchase of services from Ezepo offered on or marketed through the Site. These Services are governed solely by such terms and conditions and nothing contained on the Site or in the Terms shall be construed to alter services specific terms and conditions. The materials on our Site with respect to services may be outdated and Ezepo makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that Ezepo will make available such services in your country. Please consult Ezepo for information regarding the availability of particular services offering in your country.
You may not: (i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Ezepo; or (iv) make any false, misleading or deceptive statement or representation regarding Ezepo and/or the Service.
You may not connect to or use the Site and/or Service in any way not permitted by this Terms. You agree that you will not: (a) institute, assist, or become involved in any type of attack, including denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person’s use of the Site and/or Service; or (b) attempt to gain unauthorized access, information provided by other users, or the computer systems or networks connected to the Site and/or Service. You may not use the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violate any applicable international, federal, state and local laws and regulations; (vii) makes any false, misleading or deceptive statement or representation regarding Ezepo and/or the Service; or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real, online nickname or alias); (viii) make available through the Site and/or Service any material or information that infringes on copyright, trademark, patent, trade secret, or any other right of any party.
You agree that you will not (a) obtain or attempt to obtain any information from the Service, including without limitation other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or the Service.
Links on Site
The Site may contain links to websites operated by other parties. Ezepo provides these links as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Ezepo, and Ezepo is not responsible for the content available on the other websites. Such links do not imply Ezepo’s endorsement of information or material on any other website and Ezepo disclaims all liability with regard to your access to and use of such linked websites.
Unless otherwise set forth in a written agreement between you and Ezepo, you must adhere to Ezepo’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Ezepo’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Ezepo, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (iv) Ezepo reserves the right to revoke its consent to the link at any time and in its sole discretion.
Ezepo and the Ezepo logo are trademarks/service marks of Ezepo, LLC. Unauthorized use of any Ezepo trademark, service mark or logo may be a violation of federal and state trademark laws. The Site and Service and the content made available through the Site and Service are protected by U.S. and international copyright laws. Except for your use of the content in connection with the Service, you may not use, modify, reproduce or distribute any of the content, or the design or layout of the Site or Service, or individual sections of the content, design or layout of the Site without Ezepo’s express prior written permission.
Location. The Site and the Service are operated by Ezepo in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so with their own initiative and are responsible for compliance with applicable local laws.
Children. The Site and the Service are not directed toward children under 13 years of age nor does Ezepo knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personally identifiable information to Ezepo.
Disclaimer of Warranties
The site and services are provided “as is” and “as available” with all faults. Ezepo makes no warranty, either express or implied, including the warranties or merchantability, fitness for a particular purpose, title, non-infringement and those arising from course or dealing or usage of trade. Ezepo makes no warranty as to the accuracy, completeness or reliability of any content available through, or the performance of, the Site or the Service. You are entirely responsible for verifying any information before relying on it. Use of the Site and/or Service is at your sole risk. Ezepo does not warrant that you will be able to access or use the Site and/or Service at the times or locations of your choosing; that the Site or the Service will be uninterrupted or error-free; that defects will be corrected; or that the Site or the Service are free of viruses or other harmful components. Ezepo may periodically add, change, or improve any of the information, products, services, programs, and technology described on the Site without notice. Ezepo assumes no liability or responsibility for any errors or omissions in the content of the Site. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
Limitation of Liability; Sole and Exclusive Remedy
Your use of the Site and/or Service is at your own risk. To the maximum extent allowed by law, Ezepo and any other party involved in creating, producing, or delivering the Site and/or Service (“Related Parties”) disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site and/or Service (including, without limitation, lost profits, cost of procuring substitute service or lost opportunity) however caused, even if Ezepo and/or related parties have been advised of the possibility of such damages. Without limiting the foregoing, Ezepo assumes no responsibility for, and will not be liable for any damages relating to or caused by any viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from, the Site and/or Services. Ezepo cannot and does not guarantee continuous, uninterrupted or secure access to Site and/or Services.
Indemnification. You agree to indemnify, defend and hold Ezepo and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site and/or the Service or any breach by you of this Terms or any other policies that Ezepo may issue for the Site and/or Service from time to time.
Governing Law; Jurisdiction. This Terms is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. All disputes arising out of or related to your use of the Site and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Contra Costa County, California. If either you or Ezepo commences a lawsuit for a dispute arising under this Terms or relating to the Site and/or the Service, all of the issues in such action, whether of fact or law, shall be submitted to general judicial reference pursuant to California Code of Civil Procedure sections 638 and 641 through 645.1 or any successor statutes thereto.
You and Ezepo agree that all disputes, controversies and claims related to this Terms (each a “Claim”), shall be limited to the Claim between Ezepo and you individually, finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Terms, (i) you and Ezepo may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND EZEPO WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration will take place in your hometown area if you so notify Ezepo in your notice of arbitration or within ten (10) days following receipt of Ezepo’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Contra Costa County, California, unless the parties agree to video, phone and/or internet connection appearances.
You and Ezepo agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Ezepo’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
This Terms may only be revised in a writing signed by Ezepo, or published by Ezepo on the Site. Ezepo may assign this Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without Ezepo’s prior written consent, and any unauthorized assignment by you shall be null and void. If any part of this Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect. In the event any litigation or arbitration is brought by either party in connection with this Terms, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation. Our failure to enforce any provision of this Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. You hereby agree that Ezepo would be irreparably damaged if the terms of this Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws. This Terms, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site and/or Service.