Terms of Service
Conditions Of Use
Effective Date: 09/19/2019
Welcome to ez100.com. ez100.com (“EZ100”) provides website features and other products and services to you when you visit or shop at ez100.com, use EZ100 products or services, use EZ100 applications for mobile, or use software provided by EZ100 in connection with any of the foregoing (collectively, "EZ100 Services"). EZ100 provides the EZ100 Services subject to the following conditions.
By using EZ100 Services, you agree to these terms and conditions. Please read them carefully.
When you use an EZ100 Service, you also will be subject to the guidelines, terms and agreements applicable to that EZ100 Service ("Service Terms").
PRIVACY
Please review our Privacy Policy, which also governs your use of EZ100 Services, to understand our practices.
RESPONSIBLE USE AND CONDUCT
By visiting our website/mobile app and accessing EZ100 Services, either directly or indirectly, you agree to use EZ100 Services only for the purposes intended as permitted by (a) the terms of this Conditions of Use, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
ELECTRONIC COMMUNICATIONS
When you use EZ100 Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other EZ100 Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PRICE CHANGES AND UPDATES
All prices are subject to change without notice. In the rare event that a product is listed at an incorrect price due to a website error, EZ100 will resolve the discrepancy, at our discretion, on all orders placed for the product listed at the incorrect price. This resolution may involve coming to an agreed upon price with the customer or a cancellation of the order, resulting in a full refund.
RISK OF LOSS
All purchases of physical items from EZ100 are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
EZ100 attempts to be as accurate as possible. However, EZ100 does not warrant that product descriptions or other content of any EZ100 Service is accurate, complete, reliable, current, or error-free. If a product offered by EZ100 itself is not as described, your sole remedy is to return it in unused condition.
YOUR ACCOUNT
You may need your own EZ100 account to use certain EZ100 Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You agree that any information you provide will always be accurate, correct, and up to date. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. EZ100 does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the EZ100 Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their EZ100 Household. Alcohol listings on EZ100 are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. EZ100 reserves the right to refuse service, terminate accounts, terminate your rights to use EZ100 Services, remove or edit content, or cancel orders in its sole discretion.
COPYRIGHT/ TRADEMARKS
All content and materials available on ez100.com/our app, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of EZ100, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by EZ100.
We do not assume any liability for any content posted by you or any other third-party users of our website/mobile app. However, any content posted by you using any open communication tools on our website/mobile app, provided that it doesn't violate or infringe on any third-party copyrights or trademarks, becomes the property of EZ100, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our EZ100 Services. All information provided as part of our registration process is covered by our Privacy Policy.
INTELLECTUAL PROPERTY COMPLAINTS
EZ100 respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at: support@ez100.com
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, EZ100 or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the EZ100 Services. This license does not include any resale or commercial use of any EZ100 Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any EZ100 Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by EZ100 or its licensors, suppliers, publishers, rightsholders, or other content providers. No EZ100 Service, nor any part of any EZ100 Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EZ100. Any content downloaded or otherwise obtained through the use of our EZ100 Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EZ100 without express written consent. You may not use any meta tags or any other "hidden text" utilizing EZ100's name or trademarks without the express written consent of EZ100. You may not misuse the EZ100 Services. You may use the EZ100 Services only as permitted by law. The licenses granted by EZ100 terminate if you do not comply with these Conditions of Use or any Service Terms. In addition, accessing (or attempting to access) any of our EZ100 Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our EZ100 Services through any automated, unethical or unconventional means.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Conditions of Use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website/mobile app and EZ100 Services with or without notice and for any reason, including, without limitation, breach of this Conditions of Use. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use EZ100 Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE EZ100 SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZ100 SERVICES ARE PROVIDED BY EZ100 ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EZ100 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EZ100 SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZ100 SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EZ100 SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, EZ100 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EZ100 DOES NOT WARRANT THAT THE EZ100 SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZ100 SERVICES, EZ100'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM EZ100 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, EZ100 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY EZ100 SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY EZ100 SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
INDEMNIFICATION
You agree to indemnify and hold harmless EZ100 and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Conditions of Use or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Conditions of Use. In such event, you shall provide us with such cooperation as is reasonably requested by us.
RESOLUTION OF DISPUTES
By using this website, you agree that any dispute or claim relating in any way to your use of any EZ100 Service, or to any products or services sold or distributed by EZ100 or through ez100.com, will be resolved through binding arbitration instead of in court. An exception is that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review or appeal of an arbitration award is very limited. An arbitrator can award on an individual basis the same damages and relief as a court, and must follow the terms found in EZ100’s Conditions of Use just like a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
To begin an arbitration proceeding, you must file a Demand for Arbitration with the AAA, according to the AAA’s rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAWS
By using any EZ100 Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EZ100.
SANCTIONS AND EXPORT POLICY
You may not use any EZ100 Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using EZ100 Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of EZ100 Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
