PLEASE READ CAREFULLY. THIS WEBSITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF USE SET FORTH BELOW. YOUR CONTINUED USE OF THIS WEBSITE WILL INDICATE THAT YOU ACCEPT THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PROMPTLY EXIT AND DO NOT USE THIS WEBSITE.
RESTRICTIONS ON USE. All pages within this Website and any material made available for download (collectively the “Website”) are the property of eZCom Software, 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 of Use, your authorization to use this Website shall immediately terminate. Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by eZCom.
TRADEMARK NOTICE. eZCom is the trademark or registered trademark of eZCom Software, Inc. 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.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY. THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, 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. WITHOUT LIMITING THE FOREGOING, NEITHER eZCom NOR ANYONE ASSOCIATED WITH eZCom REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 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. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY. eZCom reserves the right to withdraw or amend this Website, and any service or material it provides on the Website, in its sole discretion without notice. eZCom will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, eZCom may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by eZCom’s Privacy Policy, which can be found at ezcomsoftware.com/privacy-policy, and you consent to all actions eZCom take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, 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 also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
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 violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries) or is unlawful or prohibited by these Terms of Use. In addition, you agree not to: (a) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (b) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (c) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without eZCom’s prior written consent; (d) use any device, software, or routine that interferes with the proper working of the Website; (e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; and (g) otherwise attempt to interfere with the proper working of the Website.
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.
CHOICE OF LAW AND VENUE. These Terms of Use are entered into in the State of New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey, exclusive of its choice of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Bergen in the State of New Jersey, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Term of Use, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms of Use 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 of Use shall otherwise remain in full force and effect.
ENTIRE AGREEMENT. These Terms of Use 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 of Use by posting the revised version on this Website. Any amendments to these Terms of Use 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 of Use.
