AGREEMENT BETWEEN YOU AND EZHOMEESTIMATES; CERTAIN DEFINITIONS
TERMS AND CONDITIONS:
1. By agreeing to the Terms and Conditions of this Agreement, EZhomeEstimates grants the Company a limited license to access EZ's customer information, use of EZ's Website and Services. Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Member Content or any Member profiles) or Services for any commercial or other purpose, without the express written consent of EZhomeEstimates
2. The Company acknowledges and understands that EZhomeEstimates simply acts as a passive conduit. EZhomeEstimates does not endorse and is not responsible, liable or under any obligation to investigate the quality of the work performed by the Company or any other Service Provider. By using the Services, the Company agrees that it is solely the Company's responsibility to evaluate the Company's risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys as a EZ-Service Provider.
3. The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company's description and profile information.
4. The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy EZhomeEstimates, any Customer Content, any Customer profiles, or any other content contained in Customer‘s bid package, the Website or any other publication of EZhomeEstimates. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
5. The Company hereby represents and warrants to EZhomeEstimates that (a) all information provided to EZhomeEstimates by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to EZhomeEstimates. EZhomeEstimates is authorized by the Company to rely upon the truthfulness, completeness and accuracy of Service Provider’s written content and 3rd party links posted on EZ-HE’s website/directory in order to serve its Customers.
6. The Company acknowledges that EZhomeEstimates will use the telephone numbers, email addresses and facsimile numbers that are submitted to EZhomeEstimates in connection with registering withEZhomeEstimates to contact the Company with information regarding EZhomeEstimates. EZhomeEstimates agrees not to sell, trade, rent or share such information with any third parties.
7. The Company agrees unless expressly authorized by EZhomeEstimates not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Customer Content, any Customer profiles, any EZ-SP profiles, or any other content from the Website or EZhomeEstimates.
8. The Company agrees any and all bid packages received from EZ-HE, are Customers of EZ-HE and Company is not authorized to contact Customer(s) for 24 months after termination of EZ-SP relationship.
9. EZhomeEstimates is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name "EZhomeEstimates", appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, EZhomeEstimates does not grant the Company any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
10. EZhomeEstimates reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of EZ Pro Network membership (a) all benefits associated as a EZ-SP (b) access to Customer bid packages (b) use of services (c) appearing on the Website and/or any other appearances in any EZhomeEstimates's publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
11. THE COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT EZHOMEESTIMATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EZHOMEESTIMATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR EZ-SP CONTENT; (D) EZ-SP CONTENT THE COMPANY MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY MEMBER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY EZHOMEESTIMATES OR THE FAILURE OF EZHOMEESTIMATES TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY MEMBER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE COMPANY HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.
TO THE EXTENT EZHOMEESTIMATES IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, EZHOMEESTIMATES'S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
12. This Agreement and the relationship between the Company and EZhomeEstimates will be governed by the internal laws of the State of New Jersey, notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the Company may be located or any other jurisdiction. The Company agrees and consents to the exclusive jurisdiction of the state or federal courts located in Trenton, New Jersey and waives any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that EZhomeEstimates may elect, in its sole discretion, to litigate the action in the county or state where any breach by the Company occurred or where the Company can be found. The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
13. The Company agrees to indemnify and hold EZhomeEstimates and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company's EZ-Service Provider relationship or any and all use of EZhomeEstimates.
14. EZhomeEstimates may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. EZhomeEstimates will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company's continued use of the Services after such modifications will be deemed to be the Company's conclusive acceptance of all modifications to this Agreement.
15. The Company agrees that EZhomeEstimates shall be entitled to payment from the Company for any and all out-of-pocket costs, including, without limitation, attorneys' fees, incurred by EZhomeEstimates in connection with enforcing these Terms and Conditions and this Agreement or otherwise.
16. The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. EZhomeEstimates is not responsible for any delays, failures or other damage resulting from such problems.
17. This Agreement may not be re-sold or assigned by the Company. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of EZhomeEstimates's rights if EZhomeEstimates fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company and EZhomeEstimates agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company and EZhomeEstimates as a result of this Agreement or use of the Services.
18. The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.