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Terms
of Use Policy for Ezfund:
Web
Site Terms of Use Introduction
1. User Eligibility
2. Scope of Terms of Use
3. Modifications
4. EZFUND.NET Rate and Service Guide and Tariff
5. EZFUND.NET Privacy Policy
6. License and Ownership
7. Restrictions on Use of the Web Site
8. Access to Processing Related Systems and Information
Through the Web Site
9. Links
10. Submissions
11. Termination
12. Disclaimer of Warranties
13. Limitation of Liability
14. Compliance with Law Including Export Control
15. Forward Looking Statements
16. Jurisdiction
17. Governing Law and Language
18. General
19. Written Document
20. Complete Agreement
21. For Residents of Quebec
PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE
USING THIS WEB SITE (THE "WEB SITE"). THESE WEB SITE
TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS
TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE
FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO
THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE
WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND
THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR
"YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS
OF USE.
1. User Eligibility: The Web Site is provided by EZFUND.NET
and available only to entities and persons over the
age of legal majority who can form legally binding agreement(s)
under applicable law. If You do not qualify, You are
not permitted to use the Web Site.
2. Scope of Terms of Use: These Terms of Use govern
Your use of the Web Site and all applications, software
and services (collectively, "Services") available via
the Web Site, except to the extent such Services are
the subject of a separate agreement. Specific terms
or agreements may apply to the use of certain Services
and other items provided to You via the Web Site ("Service
Agreement(s)"). Any such Service Agreements accompany
or are listed in association with or through a hyperlink
associated with the applicable Services.
3. Modifications: EZFUND.NET may revise and update these
Terms of Use at any time. Your continued usage of the
Web Site after any changes to these Terms of Use will
mean You accept those changes. Any aspect of the Web
Site may be changed, supplemented, deleted or updated
without notice at the sole discretion of EZFUND.NET.
EZFUND.NET may also change or impose fees for products
and services provided through the Web Site at any time
in its sole discretion. EZFUND.NET may establish or
change, at any time, general practices and limits concerning
other EZFUND.NET products and services at its sole discretion.
4.
EZFUND.NET Rate and Service Guide and Tariff: In addition
to any other terms and conditions that may be applicable
to such transaction as provided in these Web Site Terms
of Use and the Service Agreement(s), the EZFUND.NET
Rate and Service Guide applicable to You and the EZFUND.NET
Tariff (to the extent it is applicable to You) in effect
at the time of transaction, processing, printing, delivery,
and/or shipment, etc. govern Your use of EZFUND.NET
and related services.
5.
EZFUND.NET Privacy Policy: The EZFUND.NET Privacy Policy
governs the use of information collected from or provided
by You at the Web Site. With respect to any individual
whose personal information is provided by You to EZFUND.NET,
You represent to EZFUND.NET that You have obtained all
necessary consents for the processing of such personal
information contemplated by the Services You are using
and by the EZFUND.NET Privacy Policy, including the
transfer of such data to the United States or other
countries whose laws may not provide the same level
of protection for the personal data as the laws of the
country of origin of such individual.
6. License and Ownership: Any and all intellectual property
rights ("Intellectual Property") associated with the
Web Site and its contents (the "Content") are the sole
property of the founder of EZFUND.NET. The Content is
protected by copyright and other laws in both the United
States and other countries. Elements of the Web Site
are also protected by trade dress, trade secret, unfair
competition, and other laws and may not be copied or
imitated in whole or in part. All custom graphics, icons,
and other items that appear on the Web Site are trademarks,
service marks or trade dress ("Marks") of EZFUND.NET,
its affiliates or other entities that have granted EZFUND.NET
the right and license to use such Marks and may not
be used or interfered with in any manner without the
express written consent of EZFUND.NET. Except as otherwise
expressly authorized by these Terms of Use, You may
not copy, reproduce, modify, lease, loan, sell, create
derivative works from, upload, transmit, or distribute
the Intellectual Property of the Web Site in any way
without EZFUND.NET's or the appropriate third party's
prior written permission. Except as expressly provided
herein, EZFUND.NET does not grant to You any express
or implied rights to EZFUND.NET's or any third party's
Intellectual Property. EZFUND.NET grants You a limited,
personal, nontransferable, nonsublicensable, revocable
license to (a) access and use only the Web Site, Content
and Services only in the manner presented by EZFUND.NET,
and (b) access and use the EZFUND.NET computer and network
services offered within the Web Site (the "EZFUND.NET
Systems") only in the manner expressly permitted by
EZFUND.NET. Except for this limited license, EZFUND.NET
does not convey any interest in or to the EZFUND.NET
Systems, information or data available via the EZFUND.NET
Systems (the "Information"), Content, Services, Web
Site or any other EZFUND.NET property by permitting
You to access the Web Site. Except to the extent required
by law or as expressly provided herein, none of the
Content and/or Information may be reverse-engineered,
modified, reproduced, republished, translated into any
language or computer language, re-transmitted in any
form or by any means, resold or redistributed without
the prior written consent of EZFUND.NET. You may not
make, sell, offer for sale, modify, reproduce, display,
publicly perform, import, distribute, retransmit or
otherwise use the Content in any way, unless expressly
permitted to do so by EZFUND.NET.
7.
Restrictions on Use of the Web Site: In addition to
other restrictions set forth in these Terms of Use,
You agree that: (a) You shall not disguise the origin
of information transmitted through the Web Site. (b)
You will not place false or misleading information on
the Web Site. (c) You will not use or access any service,
information, application or software available via the
Web Site in a manner not expressly permitted by EZFUND.NET.
(d) You will not input or upload to the Web Site any
information which contains viruses, Trojan horses, worms,
time bombs or other computer programming routines that
are intended to damage, interfere with, intercept or
expropriate any system, the Web Site or Information
or that infringes the Intellectual Property (defined
below) rights of another. (e) Certain areas of the Web
Site are restricted to customers of EZFUND.NET. (f)
You may not use or access the Web Site or the EZFUND.NET
Systems or Services in any way that, in EZFUND.NET's
judgment, adversely affects the performance or function
of the EZFUND.NET Systems, Services or the Web Site
or interferes with the ability of authorized parties
to access the EZFUND.NET Systems, Services or the Web
Site. (g) You may not frame or utilize framing techniques
to enclose any portion or aspect of the Content or the
Information, without the express written consent of
EZFUND.NET.
8.
Access to Processing Related Systems and Information
Through the Web Site: Your use and access of the Processing
Related Systems and Information are subject to the following
terms: (a) The "Processing Related Systems" are comprised
of the EZFUND.NET Systems which are used to provide
tracking, time in transit, drop-off locator, address
validation and other functions and information related
to the transaction, processing, printing, delivery,
and/or shipment, etc. of content, documents, materials,
et al via EZFUND.NET. The Processing Related Systems
and Information gained from such systems ("Processing
Information") are to be used by You solely in connection
with content, documents, materials, et al shipped, transmitted,
processed, etc. by or to You or on Your behalf and for
no other purpose. (b) The Processing Related Systems
and Processing Information are the private property
of the founder of EZFUND.NET. EZFUND.NET authorizes
You to use tracking functionality within the Processing
Related Systems solely to track transaction, processing,
printing, delivery, and/or shipment, etc. tendered by
or for You to EZFUND.NET for transactions, processing,
delivery, et al and for no other purpose. Without limitation,
You are not authorized to make the Processing Information
available on any web site or otherwise reproduce, distribute,
copy, store, use or sell the Processing Information
for commercial gain without the express written consent
of EZFUND.NET. This is a personal service, thus Your
right to use the Processing Related Systems and Processing
Information is non-assignable. Any access or use that
is inconsistent with these terms is unauthorized and
strictly prohibited. (c) Any use in connection with
the Processing Related Systems of automated inquiry
devices, robots, or repetitive data gathering and extraction
tools, routines, scripts or other mechanisms with similar
functionality is expressly prohibited. (d) Any and all
electronic submission(s), creation(s), verification(s),and
processes etc.that are activated and/or initiated by
you through the use of any of the method(s), system(s),
means and/or process(s) provided to you by EZFUND.NET
constitute and represent without future protest a written
consent, agreement, pre-agreement and approval and all
other forms of consent, agreement, and approval by you
to EZFUND.NET to perform any and all of those described
and desiginated services, functions, and all other incorporated
methodologies whether obvious or otherwise.
9.
Links: (a) Outbound Links. The Web Site may contain
links to third-party Web Sites and resources (collectively,
"Linked Sites"). These Linked Sites are provided solely
as a convenience to You and not as an endorsement by
EZFUND.NET of the content on such Linked Sites. EZFUND.NET
makes no representations or warranties regarding the
correctness, accuracy, performance or quality of any
content, software, service or application found at any
Linked Site. EZFUND.NET is not responsible for the availability
of the Linked Sites or the content or activities of
such sites. If You decide to access Linked Sites, You
do so at Your own risk. In addition, Your use of Linked
Sites is subject to any applicable policies and terms
and conditions of use, including but not limited to,
the Linked Site's privacy policy. (b) Inbound Links.
Linking to any page of the Web Site other than to http://www.Ezfund.net
through a plain text link is strictly prohibited in
the absence of a separate linking agreement with EZFUND.NET.
Any web site or other device that links to http://www.Ezfund.net
or any page available therein is prohibited from (a)
replicating Content, (b) using a browser or border environment
around the Content, (c) implying in any fashion that
EZFUND.NET or any of its affiliates are endorsing it
or its products, (d) misrepresenting any state of facts,
including its relationship with EZFUND.NET or any of
its affiliates, (e) presenting false information about
EZFUND.NET products or services, and (f) using any logo
or mark of EZFUND.NET or any of its affiliates without
express written permission from EZFUND.NET.
10.
Submissions: EZFUND.NET does not accept ideas, concepts,
or techniques for new services or products through the
Web Site ("Comments"). If such Comments are received,
You acknowledge that (a) they will not be considered
confidential or proprietary, (b) EZFUND.NET and its
affiliates are under no obligation to keep such information
confidential, and (c) EZFUND.NET will have an unrestricted,
irrevocable, world-wide, royalty free right to use,
communicate, reproduce, publish, display, distribute
and exploit such Comments in any manner it chooses.
11.
Termination: You agree that EZFUND.NET, in its sole
discretion, may terminate or suspend Your use of the
Web Site, the EZFUND.NET Systems, Information, Services
and Content at any time and for any or no reason in
its sole discretion, even if access and use continues
to be allowed to others. Upon such suspension or termination,
You must immediately (a) discontinue use of the Web
Site, and (b) destroy any copies You have made of any
portion of the Content. Accessing the Web Site, the
EZFUND.NET Systems, Information or Services after such
termination, suspension or discontinuation shall constitute
an act of trespass. Further, You agree that EZFUND.NET
shall not be liable to You or any third party for any
termination or suspension of Your access to the Web
Site, the EZFUND.NET Systems, Information and/or the
Services.
12.
Disclaimer of Warranties: EZFUND.NET MAKES NO REPRESENTATIONS
ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB
SITE, THE EZFUND.NET SYSTEMS, THE SERVICES, THE INFORMATION
OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE WEB SITE, THE EZFUND.NET SYSTEMS, THE INFORMATION,
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS
IS" BASIS. EZFUND.NET, ITS LICENSORS, AND ITS SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
EZFUND.NET AND ITS AFFILIATES, LICENSORS AND SUPPLIERS
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY,
COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT,
INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE
OF THE WEB SITE OR THE EZFUND.NET SYSTEMS. NO INFORMATION
OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED BY EZFUND.NET IN THESE TERMS OF
USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS
IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING
AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE
WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.
YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS
OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF
USE ARE FAIR AND REASONABLE.
13.
Limitation of Liability: TO THE EXTENT PERMITTED BY
APPLICABLE LAW AND TO THE EXTENT THAT EZFUND.NET IS
OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, EZFUND.NET
IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL EZFUND.NET, ITS
AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD
PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY
INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST
DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE
OF OR INABILITY TO USE THE WEB SITE, THE EZFUND.NET
SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER
BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT EZFUND.NET IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED
BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF
USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY
PROVIDED FOR IN THESE TERMS OF USE.
14.
Compliance with Law Including Export Control: You agree
to use the Web Site in strict compliance with all applicable
laws, rulings and regulations and in a fashion that
does not, in the sole judgment of EZFUND.NET, negatively
reflect on the goodwill or reputation of EZFUND.NET
and shall take no actions which would cause EZFUND.NET
to be in violation of any laws, rulings or regulations
applicable to EZFUND.NET. EZFUND.NET and the Web Site
are based in the United States. The United States and
certain other jurisdictions control the export of products
and information. You agree to comply with all such applicable
restrictions and not to export or re-export the Content
(including any software or the Services) to countries
or persons prohibited under the United States or other
applicable export control laws or regulations. If You
access and download the Content (including any software
or the Services) or Information, You represent that
You are not in a country where such export is prohibited
or are not a person or entity to which such export is
prohibited. You are solely responsible for compliance
with the laws of Your local jurisdiction and any other
applicable laws regarding the import, export, or re-export
of the Content (including any software or the Services).
15.
Forward Looking Statements: Except for historical information
contained herein, such forward-looking statements involve
certain risks and uncertainties, including statements
regarding the intent, belief or current expectations
of EZFUND.NET and its strategic directions, prospects
and future results. Certain factors may cause actual
results to differ materially from those contained in
the forward-looking statements, including economic and
other conditions in the markets in which we operate,
our competitive environment, long-term regulatory, economic
and other effects from the events of September 11, 2001,
strikes, work stoppages and slowdowns, governmental
regulation, increases in aviation and motor fuel prices,
cyclical and seasonal fluctuations in our operating
results, and other risks.
16.
Jurisdiction: TO THE FULLEST EXTENT PERMITTED BY LAW,
YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING
OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE
EZFUND.NET SYSTEMS, INFORMATION, SERVICES AND CONTENT
SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING
IN THE COUNTY OF PITKIN, STATE OF COLORADO, UNITED STATES
OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT
YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE
OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE
THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR
RELATED TO YOUR USE OF THE WEB SITE, THE EZFUND.NET
SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE
FILED WITHIN ONE (1) MONTH AFTER SUCH CLAIM OR CAUSE
OF ACTION AROSE.
17.
Governing Law and Language: To the fullest extent permitted
by law, these Terms of Use are governed by the internal
substantive laws of the State of Colorado, U.S.A. excluding
(i) Colorado's conflicts of laws principles; (ii) the
United Nations Convention on Contracts for the International
Sale of Goods; (iii) the 1974 Convention on the Limitation
Period in the International Sale of Goods; and (iv)
the Protocol amending the 1974 Convention, done at Vienna
April 11, 1980. To the fullest extent permitted by law,
the controlling language for these Terms of Use is English.
18.
General: You may not assign these Terms of Use or any
of Your interests, rights or obligations under these
Terms of Use. If any provision of these Terms of Use
is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions
of these Terms of Use, which shall remain in full force
and effect. No waiver of any of these Terms of Use shall
be deemed a further or continuing waiver of such term
or condition or any other term or condition.
19.
Written Document: You may preserve these Terms of Use
in written form by printing them for Your records, and
You waive any other requirement that these Terms of
Use be evidenced by a written document.
20.
Complete Agreement: EXCEPT AS EXPRESSLY PROVIDED IN
A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT
BETWEEN YOU AND EZFUND.NET OR IN THE APPLICABLE EZFUND.NET
RATE AND SERVICE GUIDE OR EZFUND.NET TARIFF, THESE TERMS
OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND
EZFUND.NET WITH RESPECT TO THE USE OF THE WEB SITE,
THE EZFUND.NET SYSTEMS, AND ANY SOFTWARE OR SERVICE,
INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE
ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS
CONCERNING THE SUBJECT MATTER HEREOF.
21.
For Residents of Quebec The parties declare that they
have required that these Terms of Use and all documents
related hereto, either present or future, be drawn up
in the English language only. Les parties dˇclarent
par les prˇsentes qu'ils exigent que cette entente et
tous les documents y affˇrents, soit pour le prˇsent
ou l'avenir, soient rˇdigˇs en langue anglaise seulement.
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