Terms
EZCOM WEBSITE TERMS AND CONDITIONS
OF USE THIS WEBSITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO
YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE
READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF
THIS WEBSITE WILL INDICATE THAT YOU ACCEPT THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS, PROMPTLY EXIT AND DO NOT USE THIS WEBSITE.
1. Restrictions on Use All pages within
this Website and any material made available for download (collectively
the "Website") are the property of EZCOM, Inc. ("EZCOM")
and/or its affiliates. The Website is protected by federal and international
copyright and trademark laws. No portion of the materials on these
pages may be reprinted, republished, modified, or distributed in
any form without the express written permission of EZCOM. The
Website is for your own personal, non-commercial use. You shall
keep intact any proprietary notices, including copyright notices,
contained on any downloaded materials and shall comply with any
applicable end user license agreements. If you breach any of these
Terms and Conditions, your authorization to use this Website shall
immediately terminate. Any rights not expressly granted by these
Terms and Conditions or any applicable end user license agreements
are reserved by EZCOM.
2. Trademark Notice EZCOM is the trademark
or registered trademark of EZCOM in the United States and/or other
countries. All other trademarks, service marks and logos used in
this Website are the trademarks, service marks or logos of their
respective owners.
3. THIS WEBSITE, INCLUDING ANY CONTENT
OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE,
IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, WEBSITE-RELATED
SERVICES, AND HYPERLINKED WEBSITES. EZCOM, ITS AFFILIATES AND ITS
SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES (INCLUDING WITHOUT LIMITATION, LOST DATA, LOST PROFITS,
OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY
TO THE WEBSITE, WEBSITE-RELATED SERVICES, CONTENT OR INFORMATION
CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER
BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT EZCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE,
WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP
USING THE WEBSITE AND/OR THOSE SERVICES. Although EZCOM attempts
to ensure the integrity and accurateness of the Website, it makes
no guarantees whatsoever as to the correctness or accuracy of the
Website. It is possible that the Website could include inaccuracies
or errors, and that unauthorized additions, deletions and alterations
could be made to the Website by third parties. In the event that
an inaccuracy arises, please inform EZCOM so that it can be corrected.
Information contained on the Website may be changed or updated without
notice.
4. Confidential and Proprietary Information
EZCOM does not want to receive confidential or proprietary information
from you through the Website. Please note that any information or
material sent to EZCOM through the Website will be deemed non-confidential
and non-proprietary. By sending EZCOM any information or material,
you grant EZCOM an unrestricted, irrevocable, world-wide, royalty
free license to use, reproduce, display, perform, modify, transmit,
and distribute those materials or information, and you also agree
that EZCOM is free to use any ideas, concepts, know-how, or techniques
that you send us for any purpose. Personally identifiable information
that you submit to the Website will be handled in accordance with
EZCOM privacy policy.
5. Links or Pointers to Third Party Sites EZCOM makes no representations
whatsoever about any other website that you may access though this
Website. When you access a non-EZCOM website, please understand
that it is independent from EZCOM, and that EZCOM has no control
over the content on that website. In addition, a hyperlink to a
non-EZCOM website does not mean that EZCOM endorses or accepts any
responsibility for the content, or the use, of the linked site.
Use of a third party website is entirely at your own risk. It is
up to you to take precautions to ensure that whatever you select
for your use or download is free of such items as viruses, worms,
trojan horses, and other items of a destructive nature.
6. Choice of Law and Venue These Terms and Conditions are entered
into in the State of California and shall be governed by and construed
in accordance with the laws of the State of California, exclusive
of its choice of law rules. Each party to these Terms and Conditions
submits to the exclusive jurisdiction of the state and federal courts
sitting in the County of Orange in the State of California, and
waives any jurisdictional, venue, or inconvenient forum objections
to such courts. In any action to enforce these Terms and Conditions,
the prevailing party will be entitled to costs and attorney fees.
In the event that any of the Terms and Conditions are held by a
court or other tribunal of competent jurisdiction to be unenforceable,
those provisions shall be limited or eliminated to the minimum extent
necessary so that these Terms and Conditions shall otherwise remain
in full force and effect.
7. Entire Agreement These Terms and Conditions constitute the entire
agreement between EZCOM and you pertaining to the subject matter
of this Agreement. In its sole discretion, EZCOM may modify these
Terms and Conditions by posting the revised version on this Site.
Any amendments to these Terms and Conditions will be posted to our
Website and will take effect when posted. You should visit this
page from time to time to review the then-current Terms and Conditions.
8. No Unlawful or Prohibited Purpose As a condition of your use
of this Website, you warrant to EZCOM that you will not use the
Website for any purpose that is unlawful or prohibited by these
Terms and Conditions.
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