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BEFORE USING THE EZFind® WEBSITE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY.
By using the EZFind site, you are indicating you agree with the terms and conditions of use outlined below. If you do not agree with EZFind's terms and conditions of use, please do not use this site.
EZFind reserves the right, at its discretion, to change, modify, add or remove terms and conditions or parts thereof at any time. Any and all changes and/or modifications will be effective immediately upon posting to the EZFind site. Please check these terms and conditions periodically for changes. Your continued use of the EZFind site indicates you accept the modified terms and conditions.
General
These terms and conditions of use constitute the entire agreement and supersede all prior or contemporaneous communications and proposals, of whatever medium, between you and EZFind with respect to your use of the EZFind website. The failure or delay of EZFind in exercising any right or remedy under these terms and conditions or elsewhere shall not constitute a waiver of such right or remedy. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
Proprietary Rights and Restrictions Of Use Of Materials
The EZFind site is owned and operated by EZFind Technologies, Inc. EZFind, the EZFind logo, EZFind.com, “A Business Built on Giving Back,” “Global Return Service” and 1-866-4EZ-FIND are registered trademarks of EZFind. In addition, patents pending, other domain names, trademarks, service marks, registrations pending, logos and related trade words that are the property of EZFind Technologies, Inc. may appear from time to time on the site. These may not be used without EZFind's express permission and, without limiting the generality of the foregoing, these trademarks may not be used in connection with any products or services that are not EZFind's or authorized by EZFind, or in any manner that is likely to cause confusion among customers or potential customers of EZFind, or in any manner that disparages or discredits EZFind.
Limitation of Liability and General Disclaimer
The site, EZFind.com, along with the company’s services, information and materials herein are provided on an "as is, where is, as available" basis. In no event will EZFind be liable for indirect, general, special, economic, consequential, exemplary or punitive damages resulting from the use of the EZFind website, whether in tort, contract or any other cause of action, including without limitation, for loss of data, information or programs, or damage to computers or networks, or from breach of privacy and similar personal rights, or from infringement of intellectual property rights, or any other damages whatsoever, whether or not EZFind has been advised of the possibility of such damages. EZFind's liability in all such cases shall be limited to the extent permitted by law.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless EZFind Technologies, Inc., its affiliates and related companies, from and against all claims, liability, expenses, including all legal fees and costs, arising out of: (i) your breach of any provisions of these terms and conditions; or (ii) your use of the EZFind site, the content contained herein, and the placement or transmission of any information or other materials on the site made by you or others using your account. Furthermore, you agree to promptly notify EZFind immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. EZFind reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to co-operate as fully as reasonably required in the defense of any claim.
Recourse
If you are not satisfied with the EZFind site or with these terms and conditions, your sole and exclusive remedy is to discontinue using the EZFind site. In such an event, you agree to destroy all materials obtained by you on the EZFind site and all copies thereof. These terms and conditions shall survive any such termination.
Client Registration and Conduct
When a user registers with EZFind, or is otherwise granted password protected access to the EZFind website, that user agrees to act reasonably and expressly agrees to the following: - Your password protected access to the EZFind website is for use for permitted purposes only. You agree to restrict use to lawful purposes and to follow all EZFind policies and notices. Under no circumstances will you allow or provide access to the EZFind website to any unauthorized person(s).
- You will not do anything that infringes on the intellectual property rights of EZFind or any other party.
- You will not divulge your user name, password or another account information to anyone who does not agree to these terms and conditions of use, or who will not be using your account on your behalf and with your knowledge and consent at all times. You further agree in the event EZFind discovers you are doing or have done so, your account and access to the website may be terminated.
- You agree, warrant and represent that all personal information provided to EZFind pursuant to providing you with access to the EZFind website is and will be true, complete and accurate.
- You will not do anything, or omit to do anything, which would create unmanageable data flows or loads on hardware, or that would in any manner constitute a threat to the security or proper operation of this website, the servers on which it is hosted, and the business of EZFind.
- You agree that EZFind, in its absolute discretion, will be the sole judge of whether you have breached any provision of these terms of use and that any privileges granted to you as an individual under these terms may be revoked, suspended or terminated by EZFind at any time without notice in its sole discretion.
Third Party Sites
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or materials some people may find inappropriate or offensive. These other sites are not under the control of EZFind, and you acknowledge that EZFind is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by EZFind or any association with its operators.
Governing Law, Jurisdiction and International Use
EZFind makes no representation that materials on this site are appropriate or available for use in locations outside the United States. The EZFind website is controlled by EZFind from its offices within the Commonwealth of Pennsylvania, United State of America. This site can be accessed from all United States and US Territories as well as from other countries around the world. As each of these places has laws that may differ, by accessing this site, you agree that all matters relating to access to, or use of, the site shall be governed exclusively by the laws of The Commonwealth of Pennsylvania without regard to the conflicts of laws principles thereof. You expressly and voluntarily submit to the jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Nothing contained in this section shall prevent EZFind from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for break of these terms and conditions. Use of the EZFind website in any jurisdiction not giving effect to all provisions of these terms and conditions is unauthorized.
Privacy And Security
EZFind is committed to the privacy and protection of its customers, clients, employees and vendors. We believe business is built on integrity and long-lasting relationships. Our company strives to provide secure and safe environments. EZFind strives to protect the privacy and security of any information you provide over the Internet to EZFind. However, because of the nature of the Internet, EZFind cannot guarantee that this information will not be improperly accessed or used by third parties. Additionally, EZFind makes no representations or warranties that the EZFind website, or access to and use of the EZFind site, will be uninterrupted, error free, or free from defects, viruses or other harmful components. Therefore, you are submitting the information over the Internet to EZFind at your own risk. Please refer to the Privacy and Security Policy section of this site for full information, including the measures EZFind takes protect its customers, clients, employees and vendors.
Severability
If any part of these terms and conditions is determined to be indefinite, invalid, illegal or otherwise void, or unenforceable pursuant to applicable law, including but not limited to the limitation of liability set out herein, that portion shall be construed in a manner consistent with applicable law to reflect as nearly as possible the original intentions of the parties. The balance of the terms and conditions outlined in these terms and conditions of use will continue in full force and effect.
EZFind Technologies, Inc.
Attn: Policy Administration
900 Airport Road, Suite 8
West Chester PA 19380
Copyright © 2006 – EZFind Technologies, Inc. All rights reserved.
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