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This Web site is
owned by Ez-Protect Company
and its affiliates.
By accessing, viewing, or using the systems,
services or materials on any of the Ez-Protect Company's
web sites, (or other sites, which are collectively known as
the "Site"), you indicate your understanding of
these "Terms and Conditions of Use," and further
agree to accept such Terms and Conditions of Use and to be
legally bound by them. |
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Availability and use of material on the
site: |
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"Materials" include information,
forms, documents, software and other content present on or
available to you from the Site. "Software" means
any computer software accessible to you on the Site. Ez-Protect
may revise, enhance or update the Materials at any time. You
must use the latest version or newest release of the Materials
in accordance with the procedures established by Ez-Protect.
Materials which offer descriptions or information on the products
Ez-Protect sells are intended as general information and may
not contain complete descriptions of all applicable terms,
exclusions and conditions. Product availability varies by
state. |
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Copyright and proprietary rights in marks,
logos and materials: |
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All service marks and logos located on
the Site are owned by Ez-Protect unless otherwise indicated.
All Materials are Ez-Protect's property, unless otherwise
indicated. All Materials are protected by United States copyright
laws and all other applicable laws. Removal or reproduction,
by any means, of any Materials, logo, trademark, images, service
mark, or the name of Ez-Protect or its affiliates, is
expressly prohibited without the prior written consent of
Ez-Protect. |
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License to use materials: |
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Ez-Protect grants you a non-exclusive,
non-transferable, temporary license to use Materials other
than the Software. Ez-Protect may revoke your license to use
any Material (including Software) at any time if you fail
to comply with this Agreement, or for any other reason. In
no event shall the Materials be used in any manner which Ez-Protect
deems to be directly or indirectly in competition with Ez-Protect
or contrary to 'Ez-Protect's best interests. |
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License to use software: |
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Permission to use the Software is granted
if you use the Ez-Protect.com, or other Site segment containing
Software. If you are thus permitted to use the Software,
Ez-Protect grants you a non-exclusive, non-transferable, temporary
license to use the Software. The Software is the sole and
exclusive property of ,Ez-Protect or Ez-Protest's third
party vendor, as identified by the Software. If Ez-Protect's
authorization to use third party Software expires or terminates,
your license to use the Software is immediately and automatically
revoked. You agree to use the Software exclusively in conjunction
with the marketing of Ez-Protect products and in accordance
with procedures established by Ez-Protect. Under no circumstances
other than for backup or archival copying purposes may you
copy the Software or any portion thereof without Ez-Protect's
prior written consent. You are not otherwise authorized to
copy, reverse engineer, decompile, or use the Software in
any manner other than as expressly authorized in this Agreement. |
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Charges: |
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If Ez-Protect discloses at the time of
your use or download of any Materials that Ez-Protect will
charge you for use of the Materials, then your use of those
Materials means that you agree to pay to Ez-Protect
any license or use fee then being charged by Ez-Protect
to use specified Materials. All such fees are non - refundable. |
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Communications with the site: |
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Except as required by privacy laws, if
you elect to communicate with Ez-Protect via the Site
or e-mail, you acknowledge that the information contained
in your message shall not be considered confidential and that
Ez-Protect shall be free to disclose or otherwise use such
information contained therein without any liability or limitation,
including but not limited to creating and marketing products
and/or services using such information. Ez-Protect is
not responsible and shall not be liable for the contents of
information, messages or other content posted to the Site
by visitors or persons other than Ez-Protect employees.
Opinions or comments contained in such items reflect the views
of the author and not of Ez-Protect unless Ez-Protect
expressly states to the contrary. |
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Links to other web sites: |
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The Site may, from time to time, contain
links to other Internet Web sites for the convenience of users
in locating information and services that may be of interest.
You acknowledge that these third-party sites are maintained
by persons or organizations which Ez-Protect does not control,
and Ez-Protect expressly disclaims any responsibility
for the content, the accuracy of the information and/or quality
of products or services provided by or advertised on these
third-party sites. Ez-Protect does not control, endorse,
promote, or have any affiliation with any other Web site unless
expressly stated in the Site or in the other Web Site. |
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Use of the internet: |
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Use of the Internet is solely at your own
risk and is subject to all applicable state, national and
international laws and regulations. While Ez-Protect
endeavors to apply security protocols which are necessary
and appropriate to the types of electronic communications
which occur through use of the Site, the confidentiality of
any communication or material transmitted to or from
Ez-Protect via the Site, other Web Sites or Internet electronic
mail cannot be guaranteed, including personal information
such as your address, social security number, health conditions,
etc. Ez-Protect will not be liable for any loss resulting
from a cause over which we have no direct control, including
but not limited to, failure of electronic or mechanical equipment
or communication lines, telephone or other interconnect problems,
computer viruses, unauthorized access, theft, operator errors,
severe weather, earthquakes, natural disasters, strikes or
other labor problems, wars, or governmental restrictions. |
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Disclaimer of warranty and limitation of
liability: |
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USE OF THIS SITE IS ENTIRELY AT YOUR OWN
RISK. IN NO EVENT SHALL EZ-PROTECT BE LIABLE TO YOU, OR TO
ANY THIRD PARTIES, FOR ANY DAMAGES YOU OR A THIRD PARTY MAY
SUSTAIN DUE TO YOUR USE OR INABILITY TO USE THE SITE OR ANY
MATERIALS, EVEN IF EZ-PROTECT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. EZ-PROTECT SHALL NOT BE LIABLE
FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES
OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS
TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES
WILL THE TOTAL LIABILITY OF EZ-PROTECT TO YOU EXCEED
THE PRICE PAID FOR USE OF THE SITE. THE SITE AND MATERIALS
ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED
BY LAW, EZ-PROTECT DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. EZ-PROTECT DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS
WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT
THE SITE OR ANY MATERIALS WILL OPERATE IN AN ERROR FREE OR
UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE
SITE OR MATERIALS WILL BE CORRECTED, OR THAT THE SOFTWARE
IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS
DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES
SO THEY MAY NOT APPLY TO YOU. |
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Indemnification and injunction: |
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You agree to defend, indemnify, and hold
harmless Ez-Protect, its affiliates and subsidiaries, and
all of their respective owners, directors, officers, employees,
representatives, proprietors, partners, shareholders, servants,
principals, agents, predecessors, successors, assigns, and
attorneys from and against any and all claims, proceedings,
damages, injuries, liabilities, losses, costs, and expenses
(including attorney's fees and litigation expenses) relating
to or arising from your use of the Site, any breach by you
of these Terms and Conditions, your negligent or intentional
acts, errors or omissions in regard to the subject matter
of this Agreement, or your failure to comply with applicable
laws. |
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Governing law and jurisdiction: |
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This Agreement is governed by the laws
of the State of New York without regard to that state's principles
of conflicts of laws. Your consent to the jurisdiction of
the federal and state courts presiding in New York, New York,
and agree to accept service of process by mail and hereby
waive any and all jurisdictional and venue defenses otherwise
available. This Site is controlled and operated by Ez-Protect
from its offices within the United States. Ez-Protect
makes no representation that materials in the Site are appropriate
or available for use in other locations, and access to them
from territories where their contents are illegal is prohibited.
Those who choose to access this Site from other locations
do so on their own volition and are responsible for compliance
with applicable local laws. |
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Product notice: |
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The product information contained on this
Web Site has been prepared for informational purposes only
and is not intended to constitute a solicitation or offer
for sale. All products listed may not be available in all
states. For further information, please contact your nearest
Ez-Protect who
can provide you with costs and complete details. |
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