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WHICH EZYield (“COMPANY”) PROVIDES USERS, SUBSCRIBERS AND PARTNERS (“YOU”) ACCESS TO THIS SITE. PRIOR TO USING OUR SITE OR SERVICES OR REGISTERING TO BECOME A SUBSCRIBER, CAREFULLY READ THE FOLLOWING TERMS. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS. BY USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS, YOU MUST NOT USE THIS SITE.
EZYIELD.COM (the “Site”) does not sell or trade personal information to any outside sources. However, this personal information may be used internally to help Company further improve our services to You.
- Personal information is required for identification and booking purposes and is strictly confidential.
- Generic information gathered may be used for marketing purposes by Company and in some instances by Company affiliates, but in all instances it will be aggregate or non-specific information and will never specifically identify individuals.
- Information supplied for managing your online accounts is held securely and in the strictest confidence. It is your responsibility to ensure that this information is kept up to date.
- Company bears no responsibility for either the privacy policies or contents of websites linked to the Site.
This Site, its components and all Site content, including, without limitation, text, graphics, software and all HTML, CGI and other codes and scripts in any format used to implement Company content and the
System, as described at www.ezyield.com/solutions/, together with the arrangement and compilation of the content found on this Site, are the copyrighted property and other intellectual property of Company or that of our licensers (“Copyrighted Content”). In addition, the trademarks, logos and service marks displayed on this Site(collectively the “Trademarks”) are registered and common law Trademarks of Company, its affiliates or various third parties. Any and all trademarks and trade names used in connection with the Company products, services and/or solutions, the Site and/or Company shall remain our exclusive property.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Company or such other party that may own the Trademarks.
The Site and its content is protected by United States Copyright Law,
Trademark Law and applicable international treaties and conventions governing intellectual property. Unauthorized use of this Site, Company products, services and/or solutions, or the copyrighted materials contained herein, may violate such laws, treaties or other intellectual property laws. Use of the Company Trademarks or Copyrighted Content contained on this Site for purposes other then as provided in these Terms is not permitted without the express written consent of Company.
Company is committed to respecting the intellectual property rights of other parties, and we ask You, and other users of this Site and the System, to do the same. Pursuant to Title 17, United States Code, Sections 512(c)(2) and (3), notifications of claimed copyright infringement for materials displayed, or available, on the Site should be sent to: 125 Excelsior Parkway, Suite 101 Winter Springs, FL 32708
If You have questions concerning the copyright or trademark status of anything on this Site, You may contact Company by phone at 1-407-629-0900
1. USE OF SITE
Company grants to You a limited, nontransferable, non-exclusive permission and right to use this Site in accordance with the Terms set forth herein. The primary purpose of this Site is to facilitate usage of Company products, services, and/or solutions, and You may only use this Site for these purposes. This Site is not intended for, and You shall not use it for, any other purpose including, without limitation, making false, fraudulent or speculative changes. Also, You may not copy, modify, upload, download, transmit, reverse engineer, republish or otherwise redistribute any Content or software from this site except as expressly permitted by these Terms.
2. RESPONSIBILITIES – Company
Company will make all reasonable efforts to provide the infrastructure necessary for You and all Site users to utilize our products, services, and/or solutions, however, the Site may not always be accessible due to interruptions such as routine maintenance or causes beyond our control.
At its option, Company may provide links to other approved sites and operate a consumer care center and help line available during Company normal business hours.
Company is not responsible for the content, functionality, accuracy or availability of any third-party websites, including but not limited to compatible websites, to which the Site links.
Company reserves the right to change any aspect or functionality of the Site at any time. Company may also impose limits on features or restrict access to certain areas of this Site.
3. RESPONSIBILITIES – ALL USERS OF THIS SITE
You agree to access this Site only for legitimate usage of Company products, services, and/or solutions, and/or inquiries.
You agree not to use any device, software or routine to interfere, or attempt to interfere, with the proper working of this Site. You agree not to take any action that, in Company’s sole discretion, imposes an unreasonable or disproportionately large load on the Sites infrastructure. In the event that You take such an action, Company reserves the right to suspend or terminate your access.
You agree that any information provided by You will be accurate and updated in a timely manner. You further agree that any information provided by You, as well as any posts, publishing and transmissions effected by You: (i) shall not be fraudulent; (ii) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) shall not violate any statute, treaty, ordinance, regulation or any other applicable law; (iv) shall not be defamatory, trade libelous, slanderous, unlawfully threatening or unlawfully harassing; (v) shall not be obscene; and (vi) shall not contain any viruses, trojan horses, worms, time bombs, or other disabling devices that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You are of an age to enter into legally binding obligations and to be responsible for any and all contractual and financial liabilities that You may incur as a result of personal use of this Site or use of this Site by any third party using your login information.
You agree that any marketing, promotional or other material created or used by You that makes reference to Company or the Site must be approved, in writing, by Company before it can be used.
Utilizing an intermediary system that has not been authorized by the Company to access this Site and/or to upload data and/or information to Company products, services, and/or solutions constitutes a violation of these Terms.
5. REVIEW OF TRANSMISSIONS
Company reserves the right to monitor, review all information and data transmitted or received through this Site and further reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Company, in its sole discretion, deems inappropriate or deems to be in violation of these Terms. During such monitoring and examination, the information may be recorded or copied, and your use of this Site constitutes your consent to such monitoring, review and copying of such information and data.
6. RELATIONSHIP BETWEEN YOU AND COMPANY
Your use of this Site does not create, nor is it intended to create, any partnership, joint venture or franchisor-franchisee relationship between You and Company or its affiliates.
7. EXCLUSION OF WARRANTY
THE COMPANY SYSTEMS, SERVICES, COMPANY SITE AND ALL MATERIALS, CONTENT, DATA AND INFORMATION PROVIDED BY COMPANY ON THE SITE, THROUGH THE COMPANY SYSTEMS, SERVICES OR OTHERWISE UNDER THIS AGREEMENT ARE PROVIDED ON AS “AS IS” BASIS. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO COMPANY SYSTEMS OR ANY SERVICE, PRODUCT, INFORMATION OR DATA PROVIDED, SOLD, LICENSED OR ACCESSED ON OR THROUGH THE SITE. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE MATERIALS, CONTENT, DATA OR INFORMATION FOUND ON THE SITE OR ANY OF THE MATERIALS, INFORMATION AND FUNCTIONS USED, MADE ACCESSIBLE OR PROVIDED BY THE COMPANY SYSTEM, SERVICES, OR THE SITE. COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WHETHER ARISING BY LAW, CUSTOM OR CONDUCT OR
OTHERWISE. IN ADDITION COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE OPERATION, ACCESS TO AND FUNCTIONALITY OF THE COMPANY SYSTEMS, SERVICES, OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND COMPANY WILL NOT BE LIABLE TO SUBSCRIBER OR ANY OTHER THIRD PARTY FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN THE OPERATION AND/OR PERFORMANCE OF THE COMPANY SYSTEMS, SERVICES OR SITE. COMPANY DOES NOT WARRANT THAT THE COMPANY SYSTEMS, THE SITE, SERVICES, COMPANY SOFTWARE SERVERS OR ANY EMAIL SENT FROM COMPANY ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS. COMPANY CANNOT, IN ANYWAY, ALTER THE POLICIES, RULES, AND REGULATIONS FOR ANY SITE THAT YOU WORK WITH OR CONTRACT WITH TO USE THE COMPANY SYSTEM AND/OR ITS SOFTWARE. COMPANY IS DEPENDENT UPON THE ACCURACY OF DATABASE INFORMATION AS DIRECTED BY YOU.
8. LIMITATION OF LIABILITY
COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY EFFECT YOUR ACCESS TO, USE OF, OR BROWSING OF COMPANY SYSTEMS, SERVICES OR SITE OR ANY VIRUSES THAT MAY INFECT YOUR SYSTEMS AS A RESULT OF YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OR THROUGH COMPANY SYSTEMS, SERVICES OR SITE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF COMPANY SYSTEMS, SERVICES, THE SITE OR DATA, INFORMATION OR CONTENT ACCESSED, FOUND OR PROVIDED THERETHROUGH; OR (II) THE PERFORMANCE OR NONPERFORMANCE BY COMPANY INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF COMPANY HAS BEEN ADVISED ON THE POSSIBILITY OF DAMAGES TO A THIRD PARTY THAT MIGHT BE CAUSED BY ANY SUCH AN EVENT.
You hereby agree to indemnify, defend, and hold harmless Company and its subsidiaries and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys or other professionals’ fees) (any or all of the foregoing hereinafter referred to as
“Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim of infringement by Company of any copyright, patent, trademark or any other intellectual property right of any third party based on any permitted use by the Company of your trademarks, servicemarks, patents, copyrights or any other intellectual property rights owned by You; (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by You herein; (iii) your participation in the Company System or use of this Site; (iv) any negligent or willful act of You or your agents; or (v) any malicious, harmful or destructive software, code or virus you upload, provide or otherwise introduce into or through the Site or Company Systems.
10.AMENDMENTS TO THE TERMS
Company reserves the right to change, suspend or discontinue any aspect of these Terms at any time by posting amended terms on this Site. The amended terms shall be effective immediately upon posting to this Site and use of this Site will be conditioned upon your acceptance of all Terms in force at the time of use.
These Terms and its performance shall be governed by the laws of the State of Florida, United States of America, without regard to its conflict of laws provisions. By using this Site, You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in
Osceola County, the state of Florida, United States of America, in all matters arising out of your use of this Site and these Terms.
If Company or any of its affiliates take any action to enforce any provision contained in these Terms, Company or its affiliate(s) will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney’s fees and any other costs of litigation in addition to any other permissible relief, whether at law or in equity, to which such parties may be entitled.
You acknowledge that any violation of these Terms will cause irreparable harm to Company and that such harm is impossible to measure in money damages. Accordingly, You agree that Company shall be entitled, as a matter of right, to an injunction restraining such violation and may recover from You all costs incurred by Company associated with obtaining such an injunction without necessity of posting a bond.
Neither party will be liable for failure to perform or delay in performing any obligation under these Terms if such failure or delay is due to fire, flood, earthquake, strike, war (declared or undeclared), commercial impracticability, embargo, blockade, legal prohibition, governmental action, riot, insurrection, damage, destruction or any other cause beyond the reasonable control of such party.
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not effect any other provision of these Terms, and these Terms will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Failure by Company to enforce any provision of these Terms does not constitute a waiver of Company’s right to subsequently enforce any provision should Company deem it necessary to do so.
The headings and titles contained in these Terms are included for convenience only, and will not limit or otherwise affect the Terms.
These Terms constitute the entire agreement between You and Company relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
©2002-2011 EZ Yield.com, Inc. All rights are reserved. This Site, and its contents, including all Trademarks may not be copied, modified, reproduced, republished, redistributed, publicly displayed or transmitted without the prior written consent of Company.