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AGREEMENT BETWEEN USER AND
EZCreditCheck
The EZCreditCheck Web Site is comprised of various Web
pages operated by EZCreditCheck.
The EZCreditCheck Web Site is offered to you conditioned
on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the
EZCreditCheck Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF
USE
EZCreditCheck reserves the right to change the terms,
conditions, and notices under which the EZCreditCheck Web
Site is offered, including but not limited to the charges
associated with the use of the EZCreditCheck Web Site.
LINKS TO THIRD PARTY SITES
The EZCreditCheck Web Site may contain links to other Web
Sites (“Linked Sites”). The Linked Sites are not under the
control of EZCreditCheck and EZCreditCheck is not
responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. EZCreditCheck is
not responsible for webcasting or any other form of
transmission received from any Linked Site. EZCreditCheck
is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by
EZCreditCheck of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the EZCreditCheck Web Site,
you warrant to EZCreditCheck that you will not use the
EZCreditCheck Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You
may not use the EZCreditCheck Web Site in any manner which
could damage, disable, overburden, or impair the
EZCreditCheck Web Site or interfere with any other party’s
use and enjoyment of the EZCreditCheck Web Site. You may
not obtain or attempt to obtain any materials or
information through any means not intentionally made
available or provided for through the EZCreditCheck Web
Sites.
USE OF COMMUNICATION SERVICES
The EZCreditCheck Web Site may contain bulletin board
services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or
communication facilities designed to enable you to
communicate with the public at large or with a group
(collectively, “Communication Services”), you agree to use
the Communication Services only to post, send and receive
messages and material that are proper and related to the
particular Communication Service. By way of example, and
not as a limitation, you agree that when using a
Communication Service, you will not:
-
Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
-
Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name,
material or information.
-
Upload files that contain software or
other material protected by intellectual property laws
(or by rights of privacy of publicity) unless you own or
control the rights thereto or have received all
necessary consents.
-
Upload files that contain viruses,
corrupted files, or any other similar software or
programs that may damage the operation of another’s
computer.
-
Advertise or offer to sell or buy any
goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
-
Conduct or forward surveys, contests,
pyramid schemes or chain letters.
-
Download any file posted by another user
of a Communication Service that you know, or reasonably
should know, cannot be legally distributed in such
manner.
-
Falsify or delete any author
attributions, legal or other proper notices or
proprietary designations or labels of the origin or
source of software or other material contained in a file
that is uploaded.
-
Restrict or inhibit any other user from
using and enjoying the Communication Services.
-
Violate any code of conduct or other
guidelines which may be applicable for any particular
Communication Service.
-
Harvest or otherwise collect information
about others, including e-mail addresses, without their
consent.
-
Violate any applicable laws or
regulations.
EZCreditCheck has no obligation to monitor the
Communication Services. However, EZCreditCheck reserves
the right to review materials posted to a Communication
Service and to remove any materials in its sole
discretion. EZCreditCheck reserves the right to terminate
your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
EZCreditCheck reserves the right at all times to disclose
any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or
materials, in whole or in part, in EZCreditCheck’s sole
discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in
any Communication Service. EZCreditCheck does not control
or endorse the content, messages or information found in
any Communication Service and, therefore, EZCreditCheck
specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your
participation in any Communication Service. Managers and
hosts are not authorized EZCreditCheck spokespersons, and
their views do not necessarily reflect those of
EZCreditCheck.
Materials uploaded to a Communication Service may be
subject to posted limitations on usage, reproduction
and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO
EZCreditCheck OR POSTED AT ANY EZCreditCheck WEB SITE
EZCreditCheck does not claim ownership of the materials
you provide to EZCreditCheck (including feedback and
suggestions) or post, upload, input or submit to any
EZCreditCheck Web Site or its associated services
(collectively “Submissions”). However, by posting,
uploading, inputting, providing or submitting your
Submission you are granting EZCreditCheck, its affiliated
companies and necessary sublicensees permission to use
your Submission in connection with the operation of their
Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of
your Submission, as provided herein. EZCreditCheck is
under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in
EZCreditCheck’s sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as
described in this section including, without limitation,
all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE EZCreditCheck WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN.
EZCreditCheck AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE EZCreditCheck WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE EZCreditCheck WEB SITE SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
EZCreditCheck AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
EZCreditCheck WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY
KIND. EZCreditCheck AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL EZCreditCheck AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE EZCreditCheck WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE EZCreditCheck WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
EZCreditCheck WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE EZCreditCheck WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF EZCreditCheck OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE EZCreditCheck WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EZCreditCheck
WEB SITE.
SERVICE CONTACT :
mail@ezcreditcheck.com
TERMINATION/ACCESS RESTRICTION
EZCreditCheck reserves the right, in its sole discretion,
to terminate your access to the EZCreditCheck Web Site and
the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State
of Washington, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or
relating to the use of the EZCreditCheck Web Site. Use of
the EZCreditCheck Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions
of these terms and conditions, including without
limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship
exists between you and EZCreditCheck as a result of this
agreement or use of the EZCreditCheck Web Site.
EZCreditCheck’s performance of this agreement is subject
to existing laws and legal process, and nothing contained
in this agreement is in derogation of EZCreditCheck’s
right to comply with governmental, court and law
enforcement requests or requirements relating to your use
of the EZCreditCheck Web Site or information provided to
or gathered by EZCreditCheck with respect to such use. If
any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire
agreement between the user and EZCreditCheck with respect
to the EZCreditCheck Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and
EZCreditCheck with respect to the EZCreditCheck Web Site.
A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to
this agreement to the same extent an d subject to the same
conditions as other business documents and records
originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and
all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the EZCreditCheck Web Site are: Copyright
© 2002 - 2004 EZCreditCheck and/or its suppliers. All
rights reserved.
TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with
any real company, organization, product, person, or event
is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement
under United States copyright law should be sent to
Service Provider’s Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of
Copyright Infringement. |