All contents are Copyright © 2014 – 2021 EZ TECH ASSIST. All rights reserved.
No portion of this service may be reproduced in any form, or by any means, without prior written permission from EZ TECH ASSIST.
1. Rules and Regulations
The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, user acknowledges acceptance of these terms and conditions. EZ TECH ASSIST, (“EZ TECH ASSIST”) reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, EZ TECH ASSIST reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the EZ TECH ASSIST Web Site, both now and in the future.
2. Limited License
EZ TECH ASSIST hereby authorizes you to copy materials published by EZ TECH ASSIST on this Web Site solely for non-commercial use within your organization (or if you are an EZ TECH ASSIST Partner, your customer’s organization) in support of EZ TECH ASSIST products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of EZ TECH ASSIST or any third party.
The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of EZ TECH ASSIST or other third parties. Users are not permitted to use these Marks without the prior written consent of EZ TECH ASSIST or such third party which may own the Mark.
© EZ TECH ASSIST. All rights reserved. EZ TECH ASSIST and the EZ TECH ASSIST logo are trademarks or registered trademarks of EZ TECH ASSIST, or its affiliates. All other product names mentioned herein are trademarks or registered trademarks of their respective owners. The products described in this document are protected by U.S. Patent pending applications.
Disclaimer Of Warranty
EZ TECH ASSIST makes no representation or warranties, either express or implied by or with respect to anything in this Web Site, and shall not be liable for any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages.
No part of this Web Site may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, photocopying, recording or otherwise, without prior written consent of EZ TECH ASSIST. No patent liability is assumed with respect to the use of the information contained herein. While every precaution has been taken in the preparation of this Web Site, EZ TECH ASSIST assumes no responsibility for errors or omissions. This web site and features described herein are subject to change without notice. Copyright © EZ TECH ASSIST. All rights reserved.
Although EZ TECH ASSIST has attempted to provide accurate information on the Web Site, EZ TECH ASSIST assumes no responsibility for the accuracy of the information. EZ TECH ASSIST may change the programs or products mentioned at any time without notice. Mention of non-EZ TECH ASSIST products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
5. Disclosure (Forward-Looking Statements)
Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.
6. Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk and EZ TECH ASSIST is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. EZ TECH ASSIST provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
7. Access to Password-Protected / Secure Areas
Access to and use of password-protected and / or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.
8. Software License Agreement
Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating.
Registering your Account. In order to access certain features of the Website and the Services you may be required
to become a Registered User. For purposes of these Terms, a “Registered User” is a User who has registered an
account on the Website (“Account“).
Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data“); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the EZ TECH ASSIST’s Materials or the Services by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or that EZ TECH ASSIST has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EZ TECH ASSIST has the right to suspend or terminate your Account and refuse any and all current or future use of the Materials and/or the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. EZ TECH ASSIST reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Materials and/or the Services if you have been
previously removed by EZ TECH ASSIST, or if you have been previously banned from the Services.
Activities. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify EZ TECH ASSIST immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to EZ TECH ASSIST’s Materials and the Services, including but not limited to, a mobile device that is suitable to connect with and use Materials and the Services, in cases where the Services offer a mobile component.
You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Footage Firm Materials and the Services.
10. Responsibility for Content.
Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website or the Services, whether publicly posted or privately transmitted, including any Materials (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not EZ TECH ASSIST, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available“) through the Services or the Website (“Your Content“), and other Users of the Services, and not EZ TECH ASSIST, are similarly responsible for all Content they Make Available through the Services or the Website (“User Content“). Your Content excludes Stock Files you provide to Footage Firm under a separate agreement.
No Obligation to Pre-Screen Content. You acknowledge that EZ TECH ASSIST has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although EZ TECH ASSIST reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that EZ TECH ASSIST pre-screens, refuses or removes any Content, you acknowledge that EZ TECH ASSIST will do so for EZ TECH ASSIST’s benefit, not yours. Without limiting the foregoing, EZ TECH ASSIST shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Storage. Unless expressly agreed to by EZ TECH ASSIST in writing elsewhere, EZ TECH ASSIST has no obligation to store any of Your Content that you Make Available on the Website or via the Services. EZ TECH ASSIST has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that EZ TECH ASSIST retains the right to create reasonable limits on EZ TECH ASSIST’s Use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by EZ TECH ASSIST in its sole discretion.
Materials. Except with respect to Your Content and User Content, you agree that EZ TECH ASSIST and its suppliers own all rights, title and interest in the Website, the Services, the Stock Files and any EZ TECH ASSIST Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or any EZ TECH ASSIST Materials.
Content. EZ TECH ASSIST does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Website or the Services, you represent that you either own all intellectual property and other rights in Your Content or otherwise have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
12. License to Your Content.
By submitting Your Content, which shall include your username, to any “public area” of the Website or the Services, you grant EZ TECH ASSIST a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. You also warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not EZ TECH ASSIST, are responsible for all of Your Content that you Make Available on or in the Website, or the Services, whether publicly posted or privately transmitted.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Website or the Services, you hereby expressly permit EZ TECH ASSIST to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
14. Fees and Purchase Terms.
Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide EZ TECH ASSIST with valid credit card (Visa, MasterCard, or any other issuer accepted by us) or other payment account that we accept (“Payment Provider”), or purchase order information as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or other payment account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing EZ TECH ASSIST with your credit card number or other payment account and associated payment information, you agree that EZ TECH ASSIST is authorized to immediately invoice your Account for all fees and charges due and payable to EZ TECH ASSIST hereunder and that no additional notice or consent is required. These credentials will be stored securely and used for future subscription payments or other purchases on our site. You agree to immediately notify EZ TECH ASSIST of any change in your billing address or the credit card or other payment account used for payment hereunder. EZ TECH ASSIST reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or with four weeks’ notice by e-mail delivery to you.
Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee“) at the time you create your Account and select your annual package (each, a “Service Commencement Date“). Except as set forth in these Terms, all fees for the Services are non-refundable. No contract will exist between you and EZ TECH ASSIST for the Services until EZ TECH ASSIST accepts your order by a confirmatory e-mail or other appropriate means of communication.
Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with the terms of this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date“) and continue for an additional equivalent period, at EZ TECH ASSIST’s then current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into your Account. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the “Change/Cancel Membership” page on your “Account Settings” page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize EZ TECH ASSIST to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if EZ TECH ASSIST does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that EZ TECH ASSIST may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.). We reserve the right to change the subscription fee for any renewal term to be effective upon the renewal of your subscription.
Free Trials and Other Promotions. Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. You will be asked for valid credit card information when you sign up for the free trial. We will use the payment information for future subscription fees should you fail to terminate the trial subscription within the timeframe provided by EZ TECH ASSIST. We will start your 7-day free trial upon completion of your trial signup. You may cancel your trial subscription without charge at any time within 7 days of placing your order. If you do not cancel your free trial subscription within 7 days of the date you start your trial, your subscription will continue automatically and the monthly fee will be billed to the credit card or other billing source provided by you when you signed up for the trial, on the first day of each successive subscription term. Such billing will occur without further notice to you. Should you choose to discontinue your subscription for any reason before expiration of the then applicable subscription term or the trial period, you may cancel your subscription and terminate future billing by making a written request to firstname.lastname@example.org. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact EZ TECH ASSIST to have the charges reversed.
Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: email@example.com.
You agree to indemnify and hold EZ TECH ASSIST and its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, stockholders, partners, members, contractors, vendors, suppliers, licensors, licensees, agents and assigns (individually and collectively, “EZ TECH ASSIST Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Website or the Services; (c) your violation of the Terms; (d) your violation of any rights of another party, or (e) your violation of any applicable laws, rules or regulations. EZ TECH ASSIST 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 EZ TECH ASSIST in asserting any available defenses. This provision does not require you to indemnify any of the EZ TECH ASSIST Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account or the Services.
16. Disclaimer of Warranties
AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EZ TECH ASSIST PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This Section does not affect in any way our refund policy or limited warranty for goods purchased on the Website. We may, in our sole and absolute discretion, issue refunds in certain limited circumstances. Any such refunds will be made in accordance with the terms of our refund policy or limited warranty, as applicable (see http://www.eztechassist.com/refund-return-policy).
THE EZ TECH ASSIST PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED.
ANY CONTENT OR EZ TECH ASSIST MATERIALS DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITE OR THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE OR THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. EZ TECH ASSIST MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EZ TECH ASSIST OR THROUGH THE WEBSITE OR ANY EZ TECH ASSIST MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
From time to time, EZ TECH ASSIST may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at EZ TECH ASSIST’s sole discretion. The provisions of this section apply with full force to such features or tools.
NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE EZ TECH ASSIST PARTIES ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE AND FOR OPERATORS OF EXTERNAL SITES YOU MAY VISIT, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. EZ TECH ASSIST MAKES NO
WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EZ TECH ASSIST MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY
OF ANY USER CONTENT OBTAINED THROUGH THE WEBSITE OR THE SERVICES.
NO LIABILITY FOR CONDUCT OF OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND THE SERVICES. YOU UNDERSTAND THAT EZ TECH ASSIST DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR THE SERVICES. EZ TECH ASSIST MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT EZ TECH ASSIST DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
17. Limitation of Liability
DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE EZ TECH ASSIST PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT EZ TECH ASSIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM ANY MATTER RELATED TO THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL THE EZ TECH ASSIST PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY EZ TECH ASSIST AS A RESULT OF YOUR USE OF THE WEBSITE AND THE SERVICES IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID EZ TECH ASSIST ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, EZ TECH ASSIST’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO TEN DOLLARS ($10). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A EZ TECH ASSIST PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY EZ TECH ASSIST’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A EZ TECH ASSIST’S FRAUD OR FRAUDULENT MISREPRESENTATION. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
Information Verification. EZ TECH ASSIST Parties may use various ways of verifying information that Users have provided. However, none of those ways are perfect, and you agree that EZ TECH ASSIST and its suppliers will have no liability to you arising from any incorrectly verified information.
BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EZ TECH ASSIST AND YOU. EXCLUSION OF DAMAGES AND WARRANTIES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. WHERE LEGISLATION IN A JURISDICTION IMPLIES IN THE TERMS ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED, EZ TECH ASSIST’S LIABILITY FOR BREACH THEREOF SHALL BE LIMITED AT EZ TECH ASSIST’S OPTION TO ONE OR MORE OF THE FOLLOWING: (1) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO GOODS, THE REPLACEMENT OR REPAIR OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF DOING SO; AND (2) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO SERVICES, THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THEM SUPPLIED AGAIN.
18. Term and Termination
Term. These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Website or any Services, unless terminated earlier in accordance with these Terms.
Termination of Services by You. If you want to terminate any Services provided by EZ TECH ASSIST, you may do so by (a) notifying EZ TECH ASSIST at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to EZ TECH ASSIST’s address set forth below.
Termination of Services by EZ TECH ASSIST. EZ TECH ASSIST has the right to modify, suspend or terminate any Services provided to you at any time without or without reason. You agree that all terminations for cause shall be made in EZ TECH ASSIST’s sole discretion.
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. EZ TECH ASSIST will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You may have rights relating to Stock Files that extend beyond such termination under the applicable Supplemental Terms.
19. International Users
The Website can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that EZ TECH ASSIST intends to announce such Services or Content in your country. The Website and Services are controlled and offered by EZ TECH ASSIST from its facilities in the United States of America. EZ TECH ASSIST makes no representations that the Website or the Services are appropriate or available for use in other locations. Those who access or use the Website or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
20. Choice of Language
It is the express wish of the parties that these Terms and all related documents have been drawn up in English.
Notice. Where EZ TECH ASSIST requires that you provide an e-mail address, you are responsible for providing EZ TECH ASSIST with your most current e-mail address. In the event that the last e-mail address you provided to EZ TECH ASSIST is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, EZ TECH ASSIST’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to EZ TECH ASSIST at the following address: EZ TECH ASSIST, 5 Tenafly Road, PMB #144, Englewood, NJ 07631. Such notice shall be deemed given when received by EZ TECH ASSIST by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Export Control. You may not use, export, import, or transfer the EZ TECH ASSIST Materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained any EZ TECH ASSIST Materials, and any other applicable laws. In particular, but without limitation, any EZ TECH ASSIST Materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using any EZ TECH ASSIST Materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use any EZ TECH ASSIST Materials for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by EZ TECH ASSIST are subject to the export control laws and regulations of the United States.
You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer EZ TECH ASSIST products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.