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TERMS & CONDITIONS •
This page
sets forth the "Terms and Conditions" under which you may use
e-zmove.com (the "Web Site"). Please read this page carefully.
If you do not accept these Terms and Conditions, you are not authorized
to use the Web Site. By using the Web Site, you are indicating
your agreement to be bound by these Terms and Conditions, without
modification. You are responsible for regularly reviewing these
Terms and Conditions. If you use the Web Site after any revision
E-ZMOVE (the Company) makes to these Terms and Conditions, you
agree to be bound by the Terms and Conditions as so revised.
USES OF THE
WEB SITE GENERALLY. The Web Site may be used only for lawful and
proper purposes. Provided that you otherwise fully comply with
the provisions of these Terms and Conditions, E-ZMOVE authorizes
you to view, download and print out a single copy of any material
on the Web Site, solely for your personal, noncommercial use.
The content of the Web Site, including but not limited to text,
graphics, images, sounds, music, logos, button icons, software,
individual screen displays, operational characteristics and functionalities,
machine-readable code (Object Code), human-readable code (Source
Code), and HTML code (collectively, the "Materials"), are protected
under United States and international copyright, trademark and
other laws. All Materials are the property of the Company or its
content suppliers or clients. The compilation (mean ing the collection,
arrangement and assembly) of all content on the Web Site is the
exclusive property of the Company and protected under United States
and international copyright laws. Unauthorized use of the Web
Site and/or the Materials may violate copyright, trademark, and
other laws, and is a breach of these Terms and Conditions. You
may not remove or obscure any copyright, trademark, service-mark
or other proprietary notice contained in any Materials on any
copy you make of such Materials. Unless otherwise specified herein,
you may not modify, print out, distribute, transmit, publicly
display, publicly perform, communicate to the public, reproduce,
publish, license, create derivative works from, transfer or sell
any of the Materials. The use of any of the Materials on any other
web site or in a networked computer environment for any purpose
is prohibited.
PROHIBITED
USES OF THE WEB SITE. You agree to use the Web Site send
and receive content that is legal and proper and related
to the purpose of the Web Site. By way of example, and
not as a limitation, you agree that when using the Web
Site, you will NOT:
¥ Upload,
post, send or receive any content, or otherwise use the Website,
in violation of any applicable law or regulation.
¥ Upload,
post, send or receive any content, or otherwise use the Website
in a manner that will infringe the copyright, trademark, trade
secret or other intellectual property rights of others, or violate
the privacy, publicity or other personal rights of others.
¥ Upload,
post, send, or receive any content or information that is defamatory,
obscene, indecent, sexually explicit, threatening, abusive,
hateful, harassing or embarrassing to another user or to any
other person or entity.
¥ Upload,
post or send any incomplete, false, inaccurate or misleading
information.
¥ Impersonate
another person, firm or corporation.
¥ Upload,
post or send any franchise, pyramid scheme, "club membership,"
distributorship or sales representative agency arrangement or
other business opportunity that requires an up-front or periodic
payment, pays commissions only (no significant salary), requires
recruitment of other members, sub-distributors or sub-agents.
¥ Send
unsolicited e-mail, including promotions and/or advertising
of products or services.
¥ Delete
or revise any material uploaded or posted by any other person
or entity.
¥ Attempt
to interfere with service to any user, host or network, including,
without limitation, by means of uploading, posting or sending
any viruses, Trojan horses, worms, time bombs, cancelbots or
other computer programming routines or engines that are intended
to damage, interfere with, surreptitiously intercept or expropriate
any system, data or information, including by overloading, "flooding,"
"spamming," "mail bombing" or "crashing" it.
¥ Use any
device, software or routine to interfere or attempt to interfere
with the proper working of the Web Site or any activity being
conducted on the Web Site.
¥ Take
any action that imposes an unreasonable or disproportionately
large load on the Web Site's infrastructure.
¥ Use
or attempt to use any engine, software, tool, agent or other
device or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate
or search the Web Site other than the search engine and search
agents available from the Company on the Web Site and other
than generally available third-party web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
¥ "Data
mine".
¥ Attempt
to decipher, decompile, disassemble or reverse engineer any
of the software comprising, or in any way making up, any part
of the Web Site.
¥ Access
any content not intended for your use or log into a server or
account that you are not authorized to access. ¥ Attempt to
probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper
authorization.
¥ Forge
any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting. Actions that contravene
these prohibitions or that otherwise compromise the security
of the Web Site or the Company's system or network may result
in civil or criminal liability. The Company will investigate
suspected compromises of its security, may take any action it
deems necessary or appropriate in response to any contravention
of these prohibitions or in response to security compromises,
and may cooperate with law enforcement authorities in prosecuting
users who are involved in such compromises and/or violations.
USER INFORMATION.
The terms and conditions applicable to any information you provide
to the Company or that the Company collects about your use of
the Web Site are set forth in the Company's Privacy Policy, which
is incorporated herein by reference
SUBMISSIONS
& CONTENT. You are solely responsible for the form and accuracy
of any content or other communications you upload, post or send
to or through the Web Site. The Company is under no obligation
to upload, post or send any material you submit for such purpose
or any purpose, and may remove any such material at any time in
the Company's sole discretion. No compensation will be paid to
you with respect to any content or communication that you submit
to the Web Site. The Company does not vouch for or guarantee the
truthfulness, accuracy, or reliability of any user-submitted content
or communications. You acknowledge that any reliance you place
on such material will be at your own risk. The Company acts as
a passive conduit for the online display, transmission and the
content of the Web Site, including but not limited to text, graphics,
images, sounds, music, logos, button icons, software, individual
screen displays, operational characteristics and functionalities,
machine-readable code (Object Code), human-readable code (Source
Code), and HTML code (collectively, the "Materials"), are protected
under United States and international copyright, trademark and
other laws. All Materials are the property of the Company or its
content suppliers or clients. The compilation (mean ing the collection,
arrangement and assembly) of all content on the Web Site is the
exclusive property of the Company and protected under United States
and international copyright laws. Unauthorized use of the Web
Site and/or the Materials may violate copyright, trademark, and
other laws, and is a breach of these Terms and Conditions. You
may not remove or obscure any copyright, trademark, service-mark
or other proprietary notice contained in any Materials on any
copy you make of such Materials.
Unless otherwise
specified herein, you may not modify, print out, distribute, transmit,
publicly display, publicly perform, communicate to the public,
reproduce, publish, license, create derivative works from, transfer
or sell any of the Materials. The use of any of the Materials
on any other web site or in a networked computer environment for
any purpose is prohibited.
The Company
reserves the right to review and remove, or take any other action
with respect to user-submitted content and communications that
it deems necessary or appropriate in its sole discretion. The
Company has no liability or responsibility to users for performance
or nonperformance of any such actions. The Company also reserves
the right to expel users and prevent their further access to the
Web Site for violating either the letter or the spirit of these
Terms and Conditions or violating any applicable law or regulation.
By submitting content to any public or non-public area of the
Web Site, including, but not limited to message boards, forums,
contests and chat rooms, you grant the Company the royalty-free,
perpetual, irrevocable, sub-licenseable (through multiple tiers),
non-exclusive, worldwide right (including any moral rights) and
license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, communicate to the public,
publicly perform and publicly display (in whole or in part), and/or
to incorporate such content in other works in any form, media,
or technology now known or later developed, for the full term
of any rights that may now or ever exist in such content. You
also warrant that the holder of any rights, including moral rights
in such content, has completely and effectively waived all such
rights and validly and irrevocably granted to you the right to
grant the license referred to above. You also hereby grant to
any user of the Web Site the right and authority to access, display,
view, store and reproduce such content for personal, noncommercial
use. Subject to the foregoing, the owner of such content placed
on the Web Site retains any and all rights that may exist in such
content.
THE COMPANY'S
LIABILITY. Because user authentication on the Internet is difficult,
the Company cannot and does not confirm that each user is who
they claim to be. Because we do not and cannot be involved in
user-to-user dealings or control the behavior of participants
on the Web Site, in the event that you have a dispute with one
or more users, you release the Company (and our agents and employees)
from any and all claims, demands and damages (actual and consequential,
direct and indirect) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If you are
a California resident, you waive California Civil Code Section
1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor". We are
under no legal obligation to, and generally do not, control the
content or communications provided by other users, which is made
available through the Web Site. By its very nature, other user's
content and communications may be offensive, harmful or inaccurate,
and in some cases will be mislabeled or deceptively labeled. We
expect that you will use caution and common sense when using the
Web Site. The Materials may contain inaccuracies or typographical
errors. The Company makes no representations about the accuracy,
reliability, completeness, or timeliness of the Web Site or the
Materials. Your use of the Web Site and the Materials is at your
own risk. THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL
OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE
OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF
THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS. The Company does not represent or endorse the
accuracy or reliability of any of the materials contained on,
distributed through, or linked, downloaded or accessed from any
of the services contained on the Web Site, nor the quality of
any products, information or other materials displayed purchased,
or obtained by you as a result of distribution of user-submitted
content and communications and has no obligation to and takes
no responsibility for screening, monitoring or reviewing any such
materials. The Company reserves the right to review and remove,
or take any other action with respect to user-submitted content
and communications that it deems necessary or appropriate in its
sole discretion. The Company has no liability or responsibility
to users for performance or nonperformance of any such actions.
The Company also reserves the right to expel users and prevent
their further access to the Web Site for violating either the
letter or the spirit of these Terms and Conditions or violating
any applicable law or regulation. By submitting content to any
public or non-public area of the Web Site, including, but not
limited to message boards, forums, contests and chat rooms, you
grant the Company and its affiliates the royalty-free, perpetual,
irrevocable, sub-licenseable (through multiple tiers), non-exclusive,
worldwide right (including any moral rights) and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public, publicly perform
and publicly display (in whole or in part), and/or to incorporate
such content in other works in any form, media, or technology
now known or later developed, for the full term of any rights
that may now or ever exist in such content. You also warrant that
the holder of any rights, including moral rights in such content,
has completely and effectively waived all such rights and validly
and irrevocably granted to you the right to grant the license
referred to above. You also hereby grant to any user of the Web
Site the right and authority to access, display, view, store and
reproduce such content for personal, noncommercial use. Subject
to the foregoing, the owner of such content placed on the Web
Site retains any and all rights that may exist in such content
The Company does not represent or endorse the accuracy or reliability
of any of the materials contained on, distributed through, or
linked, downloaded or accessed from any of the services contained
on the Web Site, nor the quality of any products, information
or other materials displayed purchased, or obtained by you as
a result of any advertisement or other information or offer on
or in connection with the Web Site (the "Products"). You hereby
acknowledge that any reliance you place upon any Products shall
be at your sole risk. The Company reserves the right, in its sole
discretion and without any obligation, to make changes to, or
correct any error or omissions in any portion of the Web Site,
the Materials and/or the Products. THE WEB SITE, THE MATERIALS
AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF
THE WEB SITE, THE MATERIALS, THE PRODUCTS AND/OR ANY LINKS. DISCLAIMER
OF CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
(INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING
TO THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. LIMITATION OF COMPANY'S LIABILITY. The aggregate
liability of the Company to you for all claims arising from the
Web Site and/or the use of the Materials or Products is limited
to $100.
TERMINATION.
The Company reserves the right, at its sole discretion, to pursue
all of its legal remedies, including but not limited to deletion
of your postings from this Web Site and immediate termination
of your registration with or ability to access the Web Site and/or
any other service provided to you by the Company, upon any breach
by you of these Terms and Conditions or if the Company is unable
to verify or authenticate any information you submit to the Web
Site.
YOUR INDEMNITY.
You agree to defend, indemnify, and hold harmless the Company,
its officers, directors, employees, agents, customers and clients
from and against any claims, actions or demands, including without
limitation reasonable attorney and accounting fees, resulting
from or arising out of any content or communications you post
or transmit through the Web Site, your use of the Web Site, the
Materials or the Products, or your violation of the terms of these
Terms and Conditions. The Company shall provide notice to you
promptly of any such claim, action or demand and may, in Company's
sole discretion, assist you, at your expense, in its defense or
settlement.
GENERAL.
The Company makes no claims that the Web Site, the Materials and/or
the Products may be lawfully accessed, viewed or downloaded outside
of the United States. Any such use of the Web Site, the Materials
and/or the Products may not be lawful by certain persons or in
certain territories. If you access any of these from outside of
the United States, you do so at your own risk and are responsible
for compliance with the laws of whatever jurisdiction you are
in at the time. These Terms and Conditions are governed by laws
of the Commonwealth of Massachusetts, without regard to its conflict
of laws principles. You hereby consent to the exclusive jurisdiction
and venue of the state and federal courts within Boston, Massachusetts,
for any claims arising out of or relating to your use of the Web
Site, the Materials, the Products, and/or these Terms and Conditions.
If any provision of these Terms and Conditions is found to be
invalid or unenforceable by any court having competent jurisdiction,
then the invalid or unenforceable provision will be deemed superseded
by a valid and enforceable provision that most closely matches
the intent of the original, and the remainder of the agreement
shall remain in full force and effect. No waiver of any term of
these Terms and Conditions shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided
in additional terms of use for areas of the Web Site, a particular
"Legal Notice," or Software License, these Terms and Conditions
constitute the entire agreement between you and the Company with
respect to your use of the Web Site, the Materials and/or the
Products. No changes to these Terms and Conditions shall be made
except by a revised posting on this page.
• ADDITIONAL
TERMS OF USE •
Certain
areas of this Web Site may be subject to additional terms
of use. By using such areas, or any part thereof, you
agree to be bound by the additional terms of use applicable
to such areas.
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