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Terms Of
Service
AGREEMENT BETWEEN USERS AND EZWEBCENTRAL INC.
1. ACCEPTANCE OF TERMS
EZWebCentral provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. In addition, when using particular aplusgarages.com
services, you and EZWebCentral shall be subject to any posted
guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS. EZWebCentral also may offer other services
from time to time, such as Website enhancements and additional features
that are governed by different Terms of Services
2. DESCRIPTION OF SERVICE
EZWebCentral currently provides users with access to a rich
collection of on-line resources, including, various website building
tools, online forums, shopping services, personalized content and branded
programming through its network of properties (the "Service"). Unless
explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new EZWebCentral properties,
shall be subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that EZWebCentral assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. In order to use the Service,
you must obtain access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service fees associated
with such access. In addition, you must provide all equipment necessary to
make such connection to the World Wide Web, including a computer and modem
or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
EZWebCentral has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, EZWebCentral has the
right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify EZWebCentral of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. EZWebCentral
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section
5. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This
means that you, and not EZWebCentral, are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the
Service. EZWebCentral does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will EZWebCentral be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise transmitted via the
Service. You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a
EZWebCentral official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do
not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated for
such purpose;
h. upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage in real
time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that EZWebCentral does not pre-screen Content, but
that EZWebCentral and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing,
EZWebCentral and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may
not rely on any Content created by EZWebCentral or submitted to
EZWebCentral, including without limitation information in
EZWebCentral Message Boards, EZWebCentral Clubs, and in all other
parts of the Service. You acknowledge and agree that EZWebCentral may
preserve Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of
EZWebCentral, its users and the public. You understand that the
technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
7. INDEMNITY
You agree to indemnify and hold EZWebCentral , and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or acess of service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that EZWebCentral may establish general practices
and limits concerning use of the Service, including without limitation the
maximum number of days that email messages, message board postings or
other uploaded Content will be retained by the Service, the maximum number
of email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on EZWebCentral servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that EZWebCentral has no
responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that EZWebCentral reserves
the right to log off accounts that are inactive for an extended period of
time. You further acknowledge that EZWebCentral reserves the right to
change these general practices and limits at any time, in its sole
discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
EZWebCentral reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that EZWebCentral
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. TERMINATION
You agree that EZWebCentral, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if EZWebCentral
believes that you have violated or acted inconsistently with the letter or
spirit of the TOS. EZWebCentral may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that EZWebCentral may immediately
deactivate or delete your account and all related information and files in
your account and/or bar any further access to such files or the Service.
Further, you agree that EZWebCentral shall not be liable to you or any
third-party for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that
EZWebCentral shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because EZWebCentral has no control
over such sites and resources, you acknowledge and agree that
EZWebCentral is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
EZWebCentral shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
14. aplusgarages.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by EZWebCentral or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
EZWebCentral grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right
in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than
through the interface that is provided by EZWebCentral for use in
accessing the Service.
15. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EZWebCentral
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. aplusgarages.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM aplusgarages.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT aplusgarages.com SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
aplusgarages.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
18. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the
Service.
19. TRADEMARK INFORMATION
EZWebCentral logos and product and service names are trademarks of EZWebCentral Inc.
Without EZWebCentral's prior permission, you agree not to
display or use in any manner, the EZWebCentral Inc. Marks.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
EZWebCentral and govern your use of the Service, superceding any prior
agreements between you and EZWebCentral. You also may be subject to
additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The TOS and the
relationship between you and EZWebCentral shall be governed by the
laws of the State of Florida without regard to its conflict of law
provisions. You and EZWebCentral agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Palm
Beach, Florida. The failure of EZWebCentral to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force
and effect. 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 Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles in the
TOS are for convenience only and have no legal or contractual
effect.
Legal
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