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Customer Terms and Conditions
By clicking on the "NEXT" button or accessing and using the eZee, inc. Mobile Marketing Platform web site, you agree that you have read, understand and accept the terms and conditions below for all use of the eZee, inc. Mobile Marketing Platform services, including the eZee, inc. Mobile Marketing Platform web site, and the eZee, inc. Mobile Marketing Platform Message system (collectively, the "Services"). If you do not agree to these terms and conditions, do not use any of the eZee, inc. Mobile Marketing Platform Services.
If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. eZee's failure to act with respect to a breach by any user or others does not waive eZee's right to act with respect to subsequent or similar breaches. The failure of eZee to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of this agreement. This agreement shall be interpreted in accordance with the laws of the State of Delaware without regard to conflict of laws' principles. All claims arising from this agreement must be filed in the state or federal courts located in Delaware. This agreement constitutes the entire agreement between eZee and user with respect to the subject matter hereof.
eZee, inc. Mobile Marketing Platform May Change or Suspend Services
eZee may, at its sole discretion, terminate or suspend the access to the Services or any portion thereof (such as a channel) of any user for any reason. eZee may also terminate or suspend any group for any reason. eZee may impose a charge for certain services at its sole discretion in the future. eZee reserves the right to charge for its services in the future. Should eZee decide to charge for a feature or function that is presently free of charge, the user will be notified in advance.
Passwords/PIN number
Upon registration for the Services, you will choose a login and a password. Only one login per account is permitted. With regards to your password, you understand that you are solely responsible for maintaining its confidentiality, and eZee recommends that you choose one that is at least 8 characters in length and a mix of numbers and letters. You shall be solely and fully responsible for all activities that occur under your account. eZee shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen, it is the user's responsibility to notify eZee so that the missing password can be deactivated and a new one assigned.
User Restrictions
As the user, you are required to accept total responsibility for your 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:
- A. 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.
- B. Distributing or sending "spam," or "pyramid schemes" or any other form of unauthorized solicitation, including promotions and/or advertising of products or services.
- C. 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. Mobile Marketing Platform reserves the right to remove any user from its system at any time, at its sole discretion. Without limitation, eZee, inc. Mobile Marketing Platform 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 you may access through eZee, inc. 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 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 Clients 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.
Consumers’ Rights and Privileges
By registering, you agree to receive messages from the client and will be charged according to your carrier rate plan. Clicking "next" serves as your electronic signature indicating you agree to receive these messages. You may stop messages at any time by replying .q.
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 clicking the "NEXT" button 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.
User Restrictions
As the user, you are required to accept total responsibility for your 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:
- A. 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.
- B. Distributing or sending "spam," or "pyramid schemes" or any other form of unauthorized solicitation, including promotions and/or advertising of products or services.
- C. 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.
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