Terms and Conditions

Terms and Conditions of Use of ezsmartsite.com

1.  ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE

1.1.  YOU MUST READ THESE EZSMARTSITE.COM WEBSITE TERMS OF USE CAREFULLY.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

1.2.  This agreement is between you ("You" or "Your") and ezsmartsite.com ("ezsmartsite.com,” “ezSmart Site,” “we,” or “our”) that governs your use of the ezsmartsite.com Web Site ("Site" or "Web Site")."  These Terms and Conditions (“Terms”) are entered into by and between ezsmartsite.com and You, and You accept them by:  (a) using the Web Site in any way, and/or (b) acknowledging agreement with these Terms.

1.3.  CHANGES TO TERMS
We may periodically change the Terms and the Web Site without notice, and You are responsible for checking these Terms periodically for revisions.  All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies Your consent to such changes.

1.4.  THIRD PARTY RIGHTS.
Nothing in this agreement shall be deemed to confer any third party rights or benefits.

2.  USE OF CONTENT AND WEBSITE.

We provide the information, content, or advertisements (collectively called the “content” or “materials”) on the ezsmartsite.com Web Site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.  Because you may only utilize the Web Site for personal, non-commercial uses, you may only view, use, copy, and distribute the Materials found on ezsmartsite.com Web Site solely for internal, noncommercial, informational purposes only and only in compliance with these Terms.

Wowzzy and ezsmartsite.com names, logos, and all related products and service names and design marks are trademarks and service marks owned by and ezsmartsite.com.  Requests for authorization should be made to ezsmartsite.com officers.

3.  NO ENDORSEMENTS MADE BY EZSMARTSITE.COM

ezsmartsite.com does not investigate, represent, or endorse the quality, reliability, accuracy, legality, or legitimacy of any products, services, or other promotions or Materials, including any feedback, advice, ratings, or recommendations contained on, distributed through, linked to, downloaded from, or otherwise accessed via the ezsmartsite.com Web Site.
Any and all references to any names, logos, trade or service marks, products, or services of third parties or any links to third party websites or information does not imply or constitute Wowzzy’s recommendation, endorsement, sponsorship, or approval of the third party, or of the quality of any product, service, information, or other materials offered by such third party or obtained by You from the third party as a result of any advertisement or any other information or offer in or in connection with the ezsmartsite.com Web Site.

4.  CONTENT DISCLAIMER

4.1.  No Control Over or Guarantee of Content.  ezsmartsite.com receives and displays information provided by and created by Site users, advertisers, content partners, developers, employees, and other third parties.  ezsmartsite.com has no control over the accuracy, reliability, or legality of such information on Wowzzy’s web pages, and any material present on the ezsmartsite.com Web Site may include inaccuracies or other errors. ezsmartsite.com makes no guarantees regarding any such information, nor can Wowzzy be responsible for the accuracy, content, qualify, copyright compliance, or legality of any such information, including any resulting loss or damage from the use or reliance upon such information.

You should use discretion while browsing the Internet.

4.2.  Modification of Information.  ezsmartsite.com reserves the right, in its sole discretion and without any obligation to do so, to improve, correct, or otherwise modify any error or omissions in the Web Site and/or any portion thereof.  ezsmartsite.com will attempt to update information on a timely basis, but shall not be liable for any inaccuracies and shall not be under any obligation to update such information.

5.  USER-SUBMITTED CONTENT

5.1.  User Responsible for Content.  You are entirely responsible for any and all Content that You upload, post, or otherwise transmit to or via the ezsmartsite.com Web Site.  You agree not to upload, post, display, or otherwise transmit via the Web Site any Content that:  (a) is harmful, obscene, pornographic, intentionally inaccurate, defamatory, racist, violent, offensive, harassing, violates any law, or otherwise objectionable to ezsmartsite.com or other users; (b) violates or infringes intellectual property rights of any person or entity; (c) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, telecommunications equipment; (d) performs data mining, webcrawling, or any other process that utilizes automated queries to the ezsmartsite.com Web Site; (e) violates any of these Terms.  ezsmartsite.com is not responsible for any content submitted, generated, posted, linked, or provided by users.

5.2.  Prohibited Uses.  You agree that You will not use the Web Site to:  (a) transmit bulk or other unsolicited communications whether such communications are commercial or non-commercial in nature; (b) impersonate or otherwise assume a false identity or misrepresent Your identity or misrepresent Your affiliation or relationship with another person or entity; (c) hack, slice, or gain or seek to gain unauthorized access to the computer codes, programs, or information used by, in, or on the Web Site; (d) disrupt or otherwise act in a manner that negatively impacts or affects the ability of other users to use the Web Site; (e) engage in activities that would violate any fiduciary relationship, any applicable law, whether local, state, national, or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, conducting an illegal gambling operation, stalking, or making threats of harm; (g) collect or store personal data about other users unless specifically authorized by such users; or (h) knowingly provide false, inaccurate, or disparaging information.

5.3.  Monitoring of Content.

5.3.1.  No Monitoring by Wowzzy.  ezsmartsite.com is under no obligation to monitor the material displayed on, contained in, or transmitted to the Web Site.  However, any use of the Web Site constitutes Your agreement that ezsmartsite.com may monitor the Web Site contents periodically to (1) comply with any necessary laws, regulations, or other governmental requests; (2) to operate the Web Site properly; or (3) to protect itself and its users. 

5.3.2.  Modification or Removal of Materials.  ezsmartsite.com reserves the right to edit, modify, remove, reject, or eliminate any material displayed on, contained in, or transmitted to the Web Site that ezsmartsite.com, in ezsmartsite.com’s sole discretion, believes is unacceptable or in violation of applicable law or in violation of these Terms.
At the request of the user who submitted the materials or at the request of an advertiser, ezsmartsite.com will disable or remove the ratings, reviews, and other commentary provided by any user or third party.  ezsmartsite.com reserves the right to delete or refuse to post any materials it deems defamatory, offensive, violative of these Terms, infringing of copyright, or violative of applicable laws.

6.  INTELLECTUAL PROPERTY (IP)

6.1.  Wowzzy’s IP Rights.  You acknowledge that ezsmartsite.com owns all right, title, and interest in and to the Web Site and its content (except as stated elsewhere in these Terms), including without limitation all intellectual property rights, and such intellectual property rights are protected by United States and international intellectual property laws.  You agree that You will not copy, reproduce, alter, modify, or create derivative works from the Web Site or its content, except as permitted by these Terms.  You also agree that you will not use any robot, spider, other automated device, program, file, or manual process to monitor or copy any content from the Web Site.  The intellectual property rights retained by ezsmartsite.com include rights to (a) the directory, listing, search functions, and all other content provided by ezsmartsite.com; and (b) all software associated with the Web Site or its contents.  These intellectual property rights do not affect or include third-party content used as part of the Web Site or its content.

6.2.  All IP Remains Property of Owner; No Grant of License.  All trademarks and service marks displayed on the Web Site are the property of their respective owners.  Except as authorized elsewhere in these Terms, you are not being granted a license under any patent, trademark, copyright, or any other intellectual property right in the content or products, services, processes, or technology described therein.  All such rights are retained by ezsmartsite.com and/or any third party owner of such rights.  All copies that You make of the content of the Web Site must retain any and all copyright, trademark, or other proprietary notice located on the Web Site that pertains to the material being copied.  You are not authorized to use any ezsmartsite.com name, mark, or intellectual property in any advertising, publicity, or in any other commercial manner without the prior written consent of ezsmartsite.com.

6.3.  No Ownership in Certain Content.  ezsmartsite.com does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that You upload, transmit, or submit to the Web Site.

6.4.  Intellectual Property Complaints. 
ezsmartsite.com does not monitor the use of trademarks, copyrights or other rights of third parties.  However, at Wowzzy’s sole discretion, ezsmartsite.com may remove, suspend, terminate access, report to law enforcement, or take other appropriate measures against users or any other third parties who infringe the copyright rights of others. 

If You have a reasonabe belief that any content or materials contained on or displayed on the Web Site constitute or contain unauthorized reproductions of Your copyrighted work or trademarks or trade secrets, or links to sites containing unauthorized reproductions of Your copyrighted work or trademarks or trade secrets, You may request that Wowzzy remove such content.  However, Wowzzy will not take any action to remove such content until such time as You provide Wowzzy with all of the information required under the Digital Millennium Copyright Act of 2000 (17 U.S.C. § 512).

7.  WARRANTY DISCLAIMER

You acknowledge and agree that any use of the ezsmartsite.com Web Site, reliance upon any content of the Web Site, and any use of the Internet generally shall be at Your sole and complete risk.  ezsmartsite.com disclaims any and all responsibility or liability for the accuracy, content, legality, reliability, operability, or availability of information or content or material displayed by ezsmartsite.com or the Web Site.

THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT.  EZSMARTSITE.COM DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, ACCURACY, AND PERFORMANCE OF THE SITE AND CONTENT AND MATERIALS TO THE FULLEST EXTENT ALLOWED UNDER LAW.  EZSMARTSITE.COM DOES NOT WARRANT THAT ANY DEFECTS, OMISSIONS, OR ERRORS APPEARING IN THE CONTENT WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL OR ACTUALLY HARMFUL COMPONENTS.

EZSMARTSITE.COM DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST PERMITTED BY LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY EXTERNAL LINKS PROVIDED BY OR THROUGH THE WEB SITE.
IN SOME STATES OR OTHER JURISDICTIONS, THE EXCLUSION OF IMPLIED WARRANTIES IS NOT ALLOWED, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

8.  THIRD PARTY SITES

8.1.  External Links to Third Party Sites. 
The ezsmartsite.com Web Site may contain links to external Internet sites owned, run, or operated by third parties.  These sites are provided within the content on the Web Site solely as a convenience to users.  Any link or other listing on ezsmartsite.com’s Web Site of an external Internet site (a) does not imply endorsement of the external Internet site by ezsmartsite.com or its affiliates, and (b) is not a representation or guarantee regarding the availability and/or performance of the external Internet site or of any content on such external Internet site.  Be aware that if You click on any advertising banners, sponsor links, or any other external Internet links from the ezsmartsite.com Web Site, You may be automatically redirected to a new Internet browser window that is not hosted or controlled by ezsmartsite.com.

8.2.  Content of Third Part Sites.
External Internet links may direct You to content or information that some people may find harmful, objectionable, inappropriate, or offensive.  ezsmartsite.com is not responsible for the accuracy, functionality, copyright compliance, legality, decency, reliability, safety, or usefulness of any externally linked Internet site or of the material contained in any externally linked Internet site.  ezsmartsite.com does not research or investigate externally linked Internet sites before or after including them on the ezsmartsite.com Web Site.  No representations are made by ezsmartsite.com and ezsmartsite.com assumes no responsibility concerning the content that third parties submit to the Web Site or any externally linked Internet site.  At ezsmartsite.com’s sole discretion and with no obligation to take any such action, ezsmartsite.com reserves the right to disable links to or from third-party sites.  This right to disable links includes links to or from any advertisers, sponsors, or content providers.

8.3.  Use of Third Party Sites.
You acknowledge and agree that Your use of or visit to externally linked third party sites is governed by the terms of use and privacy policy applicable to the external Internet site and is not governed by these Terms or ezsmartsite.com’s privacy policy.  By communicating with or engaging in business transactions or other transactions between You and the third party site, You are assuming all risks arising out of or resulting from such communications or transactions.  You acknowledge and agree that ezsmartsite.com is not responsible for the content, accuracy, reliability, legality, or any other aspect of the externally linked third party site or for the services, products, or goods advertised, displayed, or contained on such externally linked third party site.

 9.  INDEMNIFICATION

You agree to indemnify and hold ezsmartsite.com and all its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any and all claims, actions, losses, damages of every kind, suits, judgments, and demands, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) Your breach of these Terms, or (b) Your violation of any law, or (c) Your violation of the rights of a third party, including any  infringement by You of any intellectual property or other right of any person or entity.  These obligations will survive any termination of the agreement or Terms.  In such a situation, ezsmartsite.com will provide You with written notice of any such claim, suit, action, or judgment. 

10.  APPLICABLE LAW: 

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence.  By Your use of the Web Site or acceptance of these Terms, You agree to submit to personal jurisdiction in Sacramento County, California.  You are responsible for complying with all applicable laws.

11.  SEVERABILITY

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be void or otherwise unenforceable, the remainder of the Terms will continue in full force and effect.

12.  TERMS AS ENTIRE AGREEMENT

These Terms constitute the entire agreement between You and ezsmartsite.com.  These Terms supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.

13.  WAIVERS

Any waiver of any provision of these Terms shall be effective only if such waiver is (a) in writing; (b) dated; and (c) signed by You and an authorized representative of ezsmartsite.com

14.  INVESTIGATION OF COMPLAINTS.

ezsmartsite.com reserves the right to investigate any complaints or reported violations of these Terms and to take any action Wowzzy deems necessary and appropriate.  Wowzzy, in its sole discretion, may elect to report any suspected illegal act or activity to law enforcement, regulators, or other third parties.  Wowzzy may also elect in its sole discretion to disclose any information necessary or appropriate to such persons or entities.  ezsmartsite.com reserves the right to seek all remedies available at law and in equity for violations of these Terms.

15.  LIMITATION OF LIABILITY

IN NO EVENT SHALL EZSMARTSITE.COM BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE OR MISUSE OF THE WEB SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS,  USE, REVENUE, OR DATA WHETHER SUCH CLAIMS ARE BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, REGARDLESS OF  WHETHER EZSMARTSITE.COM IS OR WAS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR CONNECTED WITH THE USE, MISUSE, INABILITY TO USE, OR RELIABILITY OR PERFORMANCE OF THE WEB SITE, THE CONTENT OF THE WEB SITE, OR THE INTERNET GENERALLY, OR THE USE, MISUSE, INABILITY TO USE, OR RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY WEB SITE.  

EZSMARTSITE.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABIILTY, LEGALITY, OR USEFULNESS OF ANY INFORMATION, PRODUCT, SERVICE, OR PROCESS DISPLAYED OR CONTAINED ON THE WEB SITE OR OTHER CONTENT OR EXTERNAL INTERNET SITES OR THEIR CONTENT ACCESSIBLE FROM THE WEB SITE.

THE USER OF THE SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.