Merchants with a webspace listed under the domain name ezweborders.com, have engaged EzWebOrders, a division of Unified Systems Inc. (a Florida Corporation), to provide customers with a direct online ordering gateway managed by the merchant. EzWebOrders provides, monitors and maintains the managed hosted solution and the web space. EzwebOrders also provides security, privacy and other guidelines in place to help provide a quality user experience. The following agreement constitutes the Terms of Service for use of this system. All participating merchants agree to uphold these terms and other guidelines found under the ezweborders.com domain.
1. ACCEPTANCE OF TERMS
EzWebOrders provides a means of online ordering and purchasing of products and services and various other online services, (collectively, "the Service") subject to the following Terms of Service ("TOS"). By using the Service in any way, you are agreeing to comply with the TOS. In addition, when using particular EzWebOrders services, you agree to abide by any applicable posted guidelines for all EzWebOrders services, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with the EzWebOrders service in any way, your only recourse is to immediately discontinue use of the Service. Additional terms under a Merchant Services Agreement apply specifically to merchants subscribing to the Service.
2. MODIFICATIONS TO THIS AGREEMENT Back to top
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You may not be notified of any changes to this agreement and should review it on a regular basis for modifications. You can find the most recent version of the TOS at:
3. CONTENT Back to top
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the merchant from whom such Content originated. You understand that EzWebOrders does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the EzWebOrders site and Content available through the Service may contain links to other websites, which are completely independent of EzWebOrders. EzWebOrders makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will EzWebOrders be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that EzWebOrders does not pre-screen or approve Content, but that EzWebOrders shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICESBack to top
The EzWebOrders site and Content available through the Service may contain features and functions that may link you or provide you with access to third party content which is completely independent of EzWebOrders, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that EzWebOrders shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that EzWebOrders is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release EzWebOrders, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. 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."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENTBack to top
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at firstname.lastname@example.org
Please provide us with the following:
a) Identify the material on the EzWebOrders site that you claim is infringing, with enough detail so that we may locate it on the web site;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
EzWebOrders will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE Back to top
7. NO SPAM POLICY Back to top
Any unauthorized use of EzWebOrders systems is a violation of these
Terms and certain federal and state laws. You may not use information
gathered by use of this service to email other users. Such violations
may subject the sender and his or her agents to civil and criminal penalties.
A participating merchant may, in accordance with the law, email their clients
with information necessary to process an order or regarding their account.
Users may select to opt out of other types of emails from the merchant.
Merchants shall not use the EzWebOrders email system to send more than 2 promotional emails per month to subscribing users. Users that feel this section of the TOS is being violated may file a grievance by emailing EzWebOrders at email@example.com. Failure by any EzWebOrders partner to comply with policies in place to help protect the secutiry or privacy of users subjects their account to suspension or termination.
8. LIMITATIONS ON SERVICE Back to top
You acknowledge that EzWebOrders may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that EzWebOrders has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that EzWebOrders reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that EzWebOrders shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. ACCESS TO THE SERVICE Back to top
EzWebOrders grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by EzWebOrders. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Use of the Service beyond the scope of authorized access granted to you by EzWebOrders immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from EzWebOrders.
10. TERMINATION OF SERVICE Back to top
You agree that EzWebOrders, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if EzWebOrders believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that EzWebOrders shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOS.
11. PROPRIETARY RIGHTS Back to top
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of EzWebOrders. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of EzWebOrders, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. EZWEBORDERS is a registered mark in the U.S. Patent and Trademark Office.
Although EzWebOrders does not claim ownership of content that merchants post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to EzWebOrders an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant EzWebOrders all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
12. DISCLAIMER OF WARRANTIES Back to top
YOU AGREE THAT USE OF THE EZWEBORDERS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE EZWEBORDERS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, EZWEBORDERS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE EZWEBORDERS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, EZWEBORDERS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EZWEBORDERS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE EZWEBORDERS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, EZWEBORDERS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE EZWEBORDERS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
13. LIMITATIONS OF LIABILITY Back to top
UNDER NO CIRCUMSTANCES SHALL EZWEBORDERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EZWEBORDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE EZWEBORDERS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE EZWEBORDERS SITE OR THE SERVICE, FROM INABILITY TO USE THE EZWEBORDERS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE EZWEBORDERS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE EZWEBORDERS SITE OR THE SERVICE OR ANY LINKS ON THE EZWEBORDERS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE EZWEBORDERS SITE OR THE SERVICE OR ANY LINKS ON THE EZWEBORDERS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
14. INDEMNITY Back to top
You agree to indemnify and hold EzWebOrders, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
15. GENERAL INFORMATION Back to top
The TOS constitute the entire agreement between you and EzWebOrders and govern your use of the Service, superseding any prior agreements between you and EzWebOrders. The TOS and the relationship between you and EzWebOrders shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and EzWebOrders agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of EzWebOrders to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Back to top
Please report any violations of the TOS, by flagging the posting(s) for review, or by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for EzWebOrders to pursue legal action to enforce these Terms, you will be liable to pay EzWebOrders the following amounts as liquidated damages, which you accept as reasonable estimates of EzWebOrders' damages for the specified breaches of these Terms:
a. If you send unsolicited email advertisements to EzWebOrders email addresses or through EzWebOrders computer systems, you agree to pay EzWebOrders twenty five dollars ($25) for each such email.
b. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without EzWebOrders' express written permission, you agree to pay EzWebOrders three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay EzWebOrders actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, EzWebOrders retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.