| |
Visitors Agreement |
 |
| |
| Welcome to this web site,
a service of EZPay Financial Services, Inc., ("EZPay").
Please read the following Visitors Agreement carefully before
using this web site. |
| |
| Scope and Terms of
this Agreement |
|
| BY USING THIS WEB SITE
YOU AGREE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS VISITORS
AGREEMENT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS
STATED BELOW. IF YOU ARE NOT OF LEGAL AGE AND/OR DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THIS
WEB SITE IMMEDIATELY. |
| |
| This Agreement MAY
NOT comprise the entire agreement between you and EZPay, you
may also be subject to additional terms and conditions that
apply when you are purchasing, activating or using any content,
software, products, or services of any kind or nature, through
this, or other, EZPay web sites. Please print out the Visitors
Agreement and retain a copy. |
| |
| Content of this Web site |
| |
| EZPay grants you a
limited, non-exclusive, and non-transferable license to use
this web site, and its various components, or to refer third
parties to the web site for the sole purpose of acquiring information
related to certain EZPay products or services. This license
is subject to the restriction that, except to the extent expressly
permitted by law, you may not translate, reverse engineer or
reverse compile or decompile, disassemble or make derivative
works from the software / applications residing at or used to
operate the web site or any EZPay services (simply referred to
as "Service"). You may not modify the Service in any
manner or form, or use it in any way that is not expressly
authorized by EZPay, including, without limitation, for the
purpose of obtaining unauthorized access to Service or data
(also known as "hacking"), other than to access the
web site, as authorized by this Agreement. |
| |
| "Content"
that EZPay provides on any and all of its web sites, or on any
and all files, software, and databases that EZPay uses to operate
the EZPay web site(s) or services, and any and all files EZPay
makes available to you for use, viewing, browsing, or downloading,
is protected by copyright pursuant to U.S. law, international
conventions, and other copyright laws as individual works, and
as a collective work and/or compilation, and EZPay claims and
owns, intends to own, or is in the process of owning a copyright,
trademark, and/or patent in the selection, coordination, arrangement
and enhancement of such Content. You agree not to modify, publish,
transmit, participate in the transfer or sale of, reproduce
(except as provided below), create derivative works from, distribute,
perform, display, create collective works or compilations, or
in any way exploit, any of the Content, in whole or in part.
If EZPay applies no specific restrictions directly or indirectly
in relation to a particular item of Content, you may make a
reasonable and limited number of copies of such item, including
copyrighted material, provided that you make and use the said
copies solely for your personal and non-commercial use. Further,
you agree to ensure that any notices contained in the Content
such as all copyright, trademark, service mark, patent, and
other proprietary rights notices are reproduced in an unmodified
form in all such copies, and that you will refrain from transferring
such Content to any other person, entity, computer, computer
network, or other device, without the prior express written
consent of EZPay. You agree to comply with all the terms and
conditions of EZPay's Copyright Notice and Policy, as amended
or revised from time to time, and available online. Third persons
not parties to this Agreement shall retain all intellectual
property rights they may have to Content they own and which
they enjoy by law. You agree not to infringe upon any such rights
and agree to defend, hold harmless, and indemnify EZPay from
any infringement you cause to the rights of any third party
in any intellectual property rights that may result from your
use of the EZPay web site or services. |
| |
| All web sites, corporate
names, service marks, trademarks, trade names, logos and domain
names (collectively "marks"), of EZPay are and shall
remain the exclusive property of EZPay, and nothing in this
Agreement shall grant you the right to license or use such marks. |
| |
| Illegal or Unauthorized
Use |
| |
| You agree to abide
by, and to follow, all applicable laws in using the EZPay web site(s)
and, to the extent allowed by law, you agree to defend, hold
harmless, and indemnify EZPay from any damages caused by your
violation of any applicable laws. You acknowledge that access
to or use of this web site may not be legal in certain countries.
If you access or use the web site or services outside the United
States of America, you do so at your own risk and are responsible
for compliance with the laws of the jurisdiction in which, or
from which, you access or use the web site or services. You may
not use the EZPay web site or any products or services you purchase
or activate by way of the web site for any unlawful purpose.
EZPay reserves the right to discontinue furnishing service or
to limit the use of the web site if you use the EZPay web site,
or purchase or activate any products or services by way of the
web site in violation, or attempted violation of, the law. |
| |
| You further agree
that you will not engage, or attempt to engage, in any of the
following activities in connection with your use of the EZPay
web site or services or otherwise: 1) Violating the security
of the web site or any other computer network, or cracking passwords
or security encryption codes; 2) Transferring or storing illegal
material including that deemed threatening or obscene, or engaging
in any other kind of illegal activity; 3) Impersonating, or
using any name of, any person living or dead, organization,
business, or other entity, or communicating under any false
name that you are not authorized to use; 4) Soliciting other
EZPay customers, resellers, or distributors to become customers
of other companies or services directly competing with EZPay;
5) Violating any of the rules, regulations and policies of those
networks, computer systems, telecommunications carriers, or
Internet service providers that you use to access the web site;
6) Causing or attempting to cause traffic levels to EZPay's
web site(s) and related servers and networks, or other networks
to rise without reason or for any malicious purpose, by any
means, including, but not limited to: transmitting large files
to email, ftp, or other servers for malicious purposes; "mailbombing;"
transmissions intended to raise the cost of another network
provider's access through excessive traffic levels, or repeatedly
sending the same content to EZPay for the purpose of harassment;
7) Spamming; 8) Obstructing or attempting to obstruct the systems
identification procedures or to forge communications of any
form; 9) Attempting to cause, or actually causing, any disruption
of service on the EZPay web site or services or any other network
or any server housing the web site, including but not limited
to malicious traffic generation, attempted or actual violation
of any security system in place on the Internet and its resources,
or any unauthorized access to any computer or resource on the
Internet; 10) Abusing or attempting to abuse the system and
resources of the EZPay web site(s) or services in any manner;
11) Violating or attempting to violate the security of the authentication
and accounting procedures of the EZPay web site or services;
or (12) Making an attempt at, or actually succeeding in, undermining, hindering, damaging, or disrupting the hardware, software, or security of the web site(s)
or services or any of their various components. |
| |
| Disclaimer of Warranties
and Limitation of Liability |
| |
| EZPay Web site. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE EZPay WEB SITE OR SERVICES
AND ANY COMPONENTS OF THE EZPAY WEB SITE OR SERVICES ARE AT YOUR
SOLE RISK, AND THAT YOU VOLUNTARILY ASSUME THAT RISK. EZPAY
MAKES NO REPRESENTATIONS THAT THE WEB SITE WILL BE ERROR FREE,
VIRUS FREE, OR WILL OFFER UNINTERRUPTED SERVICE. THE EZPAY WEB SITE
OR SERVICES, AND ALL OF ITS COMPONENTS, ARE PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES
OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY
WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE,
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO
ADVICE OR INFORMATION GIVEN BY EZPay, ITS EMPLOYEES, ITS AGENTS,
ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS
JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS,
ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUCCESSORS
OR ASSIGNS, SHALL CREATE A WARRANTY OF ANY KIND. |
| |
| Links to Third-Party
Web sites. SOME OF THE LINKS ON THE EZPAY WEB SITE WILL LET YOU
LEAVE THE EZPAY WEB SITE AND ENTER A THIRD-PARTY SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF EZPAY AND EZPAY IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN
A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. EZPAY
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY EZPAY OF
THE SITE TO WHICH THE EZPAY WEB SITE OR SERVICES LINK, NOR SHALL
ANY LINK CREATE ANY EXPRESS OR IMPLIED WARRANTY BINDING ON EZPay. |
| |
| Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL EZPAY, ITS EMPLOYEES, ITS AGENTS,
ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS
JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS,
ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUCCESSORS
OR ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY
WAY FROM YOUR USE OF, OR INABILITY TO USE, THE EZPAY WEB SITE
OR SERVICES. EZPAY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY
WITH RESPECT TO USE OF THE EZPay WEB SITE AND ANY COMPONENTS
OF THE EZPAY WEB SITE, AS WELL AS EZPAY's LIABILITY TO YOU FOR
BREACH OF THIS AGREEMENT ARE LIMITED SOLELY TO THE AMOUNTS YOU
HAVE PAID TO EZPAY FOR USE OF THE WEB SITE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES, EZPAY's LIABILITY IS
LIMITED TO THE EXTENT PERMITTED BY LAW. |
| |
| Indemnification |
| |
| Upon the request of
EZPay, you agree to defend, indemnify, and hold harmless EZPay,
its employees, its agents, its contractors, its parents, its
subsidiaries, its members, its partners, its joint ventures,
its affiliates, its suppliers, its licensors, its licensees,
and all their respective agents, employees, successors and assigns
from all liabilities, claims, losses, judgments, damages, and
expenses, including, without limitation, attorneys' fees and
costs of litigation, arising from: 1) any breach of this Agreement;
2) any violation of applicable law or regulation; 3) any violation
of a third party's rights; 4) your use of this web site; and
5) your use of the services and products that may be available
through this web site. EZPay reserves the right, at its own expense
and at its sole discretion, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you hereunder, and in such event; you shall have no further
obligation to provide indemnification for such matter. You shall
promptly notify EZPay in writing of any claim arising or potentially
arising under this indemnity |
| |
| Termination of Agreement |
| |
| EZPay reserves the
right to terminate your use of this web site at any time should
you fail to comply with the terms of the Visitors Agreement,
or any other terms or agreements which relate to this web site
or to EZPay's Service. |
| |
| Governing Law |
| |
| The Agreement and
the relationship between you and EZPay shall be governed by
the laws of the State of Washington without regard to its conflict
of law provisions. You and EZPay agree to submit to the personal
and exclusive jurisdiction of the courts located within Washington.
The failure of EZPay to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right
or provision. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of
or related to use of the web site or the Agreement must be filed
within one (1) year after such claim or cause of action arose
or be forever barred. |
| |
| Limitation of Actions
Arising Under this Agreement |
| |
| Any cause of action
or dispute you may have with respect to EZPay's performance
or alleged non-performance of this Agreement must be commenced
within one (1) year after the claim or cause of action arises
or such claim or cause of action is forever barred. Commencement
of a cause of action or dispute occurs when you notify EZPay
in writing of the dispute. |
| |
| Force Majeure |
| |
| EZPay shall not be
liable or deemed to be in default for any delay or failure in
performance under this Agreement or interruption of service
resulting directly or indirectly from acts of God, civil or
military authority, terrorism, acts of public enemy, war, riots,
civil disturbances, insurrections, accidents, fire, explosions,
earthquakes, floods, the elements, strikes, labor disputes,
shortages of suitable parts, materials, labor or transportation,
magnetic interference, interruptions of electrical power or
other utility service, unavailability of any telecommunications
service or connection to any telecommunications service, or
any cause beyond the reasonable control of EZPay. |
| |
| Severability of Terms
of this Agreement |
| |
| In the event that
any portion of this Agreement is held to be unenforceable, the
unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original
intentions of the parties and the remainder of the provisions
shall remain in full force and effect. |
| |
| No Waiver of Provisions
of this Agreement |
| |
| EZPay's failure to
insist upon or enforce strict performance of any provisions
of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between you
and EZPay nor any trade practice shall act to modify any provision
of this Agreement. |
| |
