The eZee, inc. Mobile Marketing Platform is an all-purpose, multi-mode messaging service that enables its customers (merchants, manufacturers, retail service providers and/or other advertisers) to engage interested consumers via their cell phone. The platform allows for both consumer-initiated exchanges and for customer-initiated exchanges.

Consumer Terms and Conditions
Consumers elect or decline to accept messages from eZee customers using eZee, inc.’s Mobile Marketing Platform during their first encounter with each eZee customer, which may include, without limitation, merchants, manufacturers, retail service providers and/or other advertisers.

A consumer’s choice to accept (i.e., “opt-in”) or decline communications with that individual customer remains in effect until that consumer advises eZee to the contrary, either by initiating a new request for a message, or by texting the code to decline future messages as offered by each individual eZee customer. Upon opt-in, each consumer will also be offered the opportunity to receive future messages from other eZee customers, which may be accepted or declined.

By opting-in, you agree to receive messages from eZee’s customer and will be charged according to your carrier’s rate plan.

Should eZee decide to charge for a feature or function that is presently free of charge, the user will be notified in advance and given the opportunity to opt-in.

Eligibility
You must be at least 18 years old to be eligible to register for the Services. However, if you are at least 13 years old but not yet 18, you may use the Services only if you have your parents' or guardians' prior permission. No one under age 13 may use the Services under any circumstances. By initiating or accepting your first message between yourself and an eZee customer, you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to register for the Services.

Consumer Restrictions
As a condition of opting-in, consumers must accept total responsibility for their behavior and conduct while using eZee, inc.’s Mobile Marketing Platform. Please read over the following list of what actions you agree to refrain from while using the services:

• Sending, posting, exchanging, sharing, promoting, or advertising harmful, obscene, defamatory, misleading, slanderous, harassing, abusive, threatening, offensive or unlawful material or material that violates anyone else's rights, including their right to privacy. Any group containing unlawful material or activity will be disbanded. Group owners are encouraged to boot any members from their groups who post harmful or harassing messages to the group. However, group owners are not responsible for what occurs in the personal messages of its members, only messages posted to the group as a whole.
• Distributing or sending "spam," or "pyramid schemes" or any other form of unauthorized solicitation, including promotions and/or advertising of products or services.
• Uploading or transmitting materials through eZee, inc. Mobile Marketing Platform which: (i) restrict or inhibit any other users from using and enjoying the Services; (ii) contain a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; (iii) are intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of eZee, inc. Mobile Marketing Platform; (iv) monitor or copy content on eZee, inc. Mobile Marketing Platform by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; or (v) impose an unreasonable or disproportionately large load on eZee, inc. Mobile Marketing Platform's infrastructure.

Without limitation, eZee, inc. reserves the right to remove any user from its system at any time, at its sole discretion. Without limitation, eZee, inc. reserves the right to terminate or reassign any group, at any time, at its sole discretion.

No Endorsements of Third Parties
References on eZee, inc. Mobile Marketing Platform to any names, marks, products or services of third parties, or hypertext links to third-party sites or information, or the inclusion or featuring of groups or channels, do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by eZee. eZee does not endorse nor make any warranties or representations about any web site consumers may access through eZee, inc.’s Mobile Marketing Platform including the privacy policy of any such web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other web site.

Disclaimers
eZee, inc.’s Mobile Marketing Platform is only a venue allowing users to communicate with other users. eZee, inc. Mobile Marketing Platform does not control, does not monitor and makes no representation regarding the truth, accuracy, quality, completeness, safety or legality of the information provided by its users, groups or channels. EZEE, INC. MOBILE MARKETING PLATFORM PROVIDES THE SERVICES "AS IS" WITH NO WARRANTIES OF ANY KIND. EZEE, INC. EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR OUR USERS, GROUPS AND CHANNELS, AND THEIR POSTINGS, THEIR ACTS AND OMISSIONS.

Limitation of Liablility
UNDER NO CIRCUMSTANCES WILL EZEE, INC. OR ITS EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT EZEE, INC. MOBILE MARKETING PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Services or any content on eZee, inc.’s Mobile Marketing Platform, or with these Consumer Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use of the Services is at your sole risk.

Indemnity
You agree to indemnify, defend and hold harmless eZee, inc., its employees, officers and directors, or Customers from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) any content that you or anyone using your account may submit, post or transmit to the web site; (ii) your use of the Services; (iii) your violation of the terms of these Terms and Conditions; and (iv) any violation or failure by you to comply with all laws and regulations in connection with the Services.

Questions
Consumers may direct questions or make comments about eZee’s Mobile Marketing Platform by emailing questions@ezee.com; or writing to:

Customer Service
eZee, inc.
3925 W. Braker Lane
Austin, TX 78759