PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR PRODUCTS OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS PRODUCTS. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR PRODUCTS OR OUR SERVICES.
The present terms and conditions (this “Agreement” or “Terms“) is a legal agreement between you and EZ Reward, LLC (hereinafter ” EZ Reward“), a company duly organized and validly existing, located at 202 Maltby Road, Suite 7 #319, Bothell, WA 98021. This Agreement annuls and voids all previous agreements. This Agreement governs your access and use of EZ Reward, LLC software, DBA EZ Stickerbook, products or Web Products (“Products”). Unless otherwise noted, all references to Products include www.ezstickerbook.com and EZ Stickerbook, the Administrator portal (“Admin Portal”), the Teacher portal (“Teacher Portal”) the Student portal (“Student Portal”), the Apple iOS student application and the Google Android student application (“Apps”). Collectively, the Products are a Teacher and Student communication and reward system.
The Products are operated by EZ Reward. Throughout the Products, the terms “we”, “us” and “our” refer to EZ Reward. EZ Reward offers this Products, including all information, tools and services available from this Products to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Products and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Products, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Products. By accessing or using any part of the Products, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Products or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Products. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Products following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Products.
You may not use our products or Products for any illegal or unauthorized purpose nor may you, in the use of our products or Products, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Products;
2. Change, suspend or discontinue all or any part of our products or Products;
3. Refuse, move, or remove any content that is available on all or any part of our Products;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Products.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Products may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products, use of the Products, or access to the Products or any contact on the Products, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Products. EZ Reward content is not for resale. Use of the Products does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of EZ Reward and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EZ Reward or our licensors except as expressly authorized by these Terms.
Basic Terms of the Admin Portal
If you have signed up to be the administrator of the Admin Portal (“Administrator”), you are responsible for the operation and use of the Products in relation to your own school. Your account with EZ Reward allows you to assign classrooms, teachers and students. You may invite other individuals into the portal by email but you are fully responsible for the online conduct of such user, controlling the user’s access to and use of the products and the consequences of any misuse. EZ Reward requires that the parents or guardians of a minor affirmatively consent to the use of the Products by such minor. You understand that your use of the Admin Portal is subject to the Subscription Term, Renewal and Fees in Section 15.
Basic Terms of the Teacher Portal
If you have signed up to be a teacher from an invitation by an Administrator (“Teacher”), you agree to send communications to students that a) do not contain any profanity, b) do not have any embedded or external links to web sites, c) do not solicit the student for any information or to perform any unlawful acts, d) do not contain unauthorized or unlawful communication, d) do not solicit the student to contact the teacher outside of the Products and e) do not contain any communications not authorized by the school administrator. Teachers shall not maintain or access personally identifiable student data other than the student’s name.
Basic Terms of the Student Portal and Parent Portal
If you have signed up as a parent or student from an invitation of a teacher, you agree to receiving communications from Teachers via the Apps or online via Student Portal and Parent Portal. These communications may include stickers with messages, messages without stickers, announcements or virtual awards with stickers. You agree to direct all suspicious behavior to the Administrator or via [email protected]
Apps are available via mobile devices and accessible via the Apple and Google app stores. To use the Apps you must have a mobile device that is compatible with the Apps. EZ Reward does not warrant that the Apps will be compatible with your mobile device. You may use mobile data in connection with the Apps and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You may not: (i) modify, disassemble, decompile or reverse engineer the Apps, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Apps to any third party or use the Apps to provide time sharing or similar services for any third party; (iii) make any copies of Apps; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Appse, features that prevent or restrict use or copying of any content accessible through the Apps, or features that enforce limitations on use of the Appse; or (v) delete the copyright and other proprietary rights notices on the Apps. You acknowledge that EZ Reward may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Apps is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Apps or any copy thereof, and EZ Reward or its third-party partners or suppliers retain all right, title, and interest in the Apps (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. EZ Reward reserves all rights not expressly granted under these Terms. The Apps originated in the United States and is subject to United States export laws and regulations. The Apps may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Apps may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Apps and the Products. Once you create an account with us, you are registered on the EZ Reward Products. The terms “member,” “membership,” and “account” all refer to this registration as a member on EZ Reward’s Products. If you are merely surfing or browsing through the Products and have not yet created an account, your use of the Products is still subject to this Agreement; if you do not agree to this Agreement, do not use the Products.
Terms for all Products
When you create an account for the Products, you will provide a unique email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EZ Reward is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, EZ Reward will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of EZ Reward, LLC Services, or any portion thereof.
As a user or member of the Products, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the EZ Reward Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by EZ Reward.
Furthermore, you herein agree not to make use of EZ Reward’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any EZ Reward officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any EZ Reward Services, servers and/or networks that may be connected or related to our Web Products, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
EZ Reward herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.
EZ Reward herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of EZ Reward, its visitors, users and members, including the general public.
EZ Reward herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by EZ Reward or any other content providers supplying content services to EZ Reward. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our Web Products and network services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
EZ Reward shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our Products. Therefore, you hereby grant and allow for EZ Reward the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of EZ Reward’s Products, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of EZ Reward’s Products, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of EZ Reward’s Products, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of EZ Reward’s Products and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of EZ Reward’s Products, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of EZ Reward’s Products are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY PRODUCTS
EZ Reward may provide an area for our user and members to contribute feedback to our Products. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our Products, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) EZ Reward shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) EZ Reward shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of EZ Reward; and
e) EZ Reward is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members agree to insure and hold EZ Reward, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Products may submit, post, modify, transmit or otherwise make available through our Services, the use of EZ Reward Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to EZ Reward’s Products.
EZ Reward reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of www.ezstickerbook.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to [email protected]
As a member, you agree that EZ Reward may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your www.ezstickerbook.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with www.ezstickerbook.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within www.ezstickerbook.com;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Either EZ Reward or any third parties may provide links to other Products and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external Products or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party Products or resources. Furthermore, you acknowledge and agree that EZ Reward shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such Products or resource.
You do hereby acknowledge and agree that EZ Reward’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by EZ Reward or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on EZ Reward Services (e.g. Content or Software), in whole or part.
EZ Reward hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by EZ Reward for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF EZ REWARD SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. EZ REWARD AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) EZ REWARD AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) EZ REWARD SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) EZ REWARD SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE EZ REWARD SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF EZ REWARD SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM EZ REWARD OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EZ REWARD AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release EZ Reward (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EZ Reward may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Web Products Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the EZ Reward trademarks, copyright, trade name, service marks, and other EZ Reward logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of EZ Reward. You herein agree not to display and/or use in any manner the EZ Reward logo or marks without obtaining EZ Reward’s prior written consent.
EZ Reward will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, EZ Reward may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the Products which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The EZ Reward agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
2020 Maltby Road
Suite 7 #319
Bothell, Washington 98021
Telephone: +1 (800) 279-1455
Email: [email protected]
This Agreement constitutes the entire agreement between you and EZ Reward, LLC and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to EZ Reward, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other EZ Reward, LLC Services, affiliate Services, third-party content or third-party software.
In the event of a possible Claim, a party must first send to the other, by certified mail, a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”). You must notify us of any Claim brought by you within 100 days of the event or events giving rise to such Claim or you will have waived your right to bring such Claim or to participate in any legal action relating to such Claim. If EZ Reward and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, EZ Reward may elect to commence an arbitration proceeding. The amount of any settlement offer made by EZ Reward or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or EZ Reward is entitled.
In the event of arbitration, EZ Reward will choose one of the following two arbitration administrators: American Arbitration Association; or JAMS/Endispute (“JAMS”), both of which are independent. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein.
It is at the mutual agreement of both you and EZ Reward, LLC with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Washington without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and EZ Reward, LLC, shall be filed within the courts having jurisdiction within the County of Snohomish, Washington or the U.S. District Court located in said state. You and EZ Reward, LLC agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should EZ Reward, LLC fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 Agreement remain in full force and effect.
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this Agreement to EZ Reward, LLC as follows:
EZ Reward, LLC
2020 Maltby Road
Suite 7 #319
Bothell, Washington 98021
Telephone: +1 (800) 279-1455
Email: [email protected]
The Products is controlled, operated and administered by EZ Reward from our offices within the USA. If you access the Products from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use EZ Reward’s content accessed through the Products in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Occasionally there may be information on our Products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Products or on any related Products is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Products or on any related Products, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Products or on any related Products, should be taken to indicate that all information on the Products or on any related Products has been modified or updated.
Our order form may be completed and placed online through the Admin Portal and will list, at the least, the Service ordered, subscription plan, term and the associated fees (“Order Form”).
Use of the Admin Portal is provided on a subscription basis for the term specified in your Order Form, in accordance with the respective subscription plan purchased under such Order Form (the “Subscription Term” and the “Subscription Plan”, respectively, and collectively the “Subscription”).
In consideration for the provision of the Service (except for Trial Service), you shall pay us the applicable fees per the purchased Subscription, as set forth in the applicable Order Form (the “Subscription Fees”). Unless indicated otherwise, Subscription Fees are stated in US dollars. You hereby authorize us, either directly or through our payment processing service, to charge such Subscription Fees via your selected payment method, upon due date. Unless expressly set forth herein, the Subscription Fees are non-cancelable and non-refundable. We reserve the right to change the Subscription Fees at any time, upon notice to you if such change may affect your existing subscriptions upon renewal. In the event of failure to collect the Fees owed by you, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account, without notice.
The Subscription Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms and the purchase or sale, of the Service hereunder (the “Taxes”), except for Taxes imposed on our income. If you are located in a jurisdiction which requires you to deduct or withhold Taxes or other amounts from any amounts due to us, please notify us, in writing, promptly and we shall join efforts to avoid any such Tax withholding, provided, however, that in any case, you shall bear the sole responsibility and liability to pay such Tax and such Tax should be deemed as being added on top of the Subscription Fees, payable by you.
During the Subscription Term, you may upgrade your Subscription Plan by upgrading to a higher type of Subscription Plan (collectively, “Subscription Upgrades”). The upgrade to a higher Subscription rate will happen on the next month’s anniversary of the due date. During the Subscription Term you may downgrade your Subscription Plan to a lower plan (collectively, “Subscription Downgrades”). The downgrade to the lower Subscription rate will happen on the next month’s anniversary of the due date.
As part of registering, or submitting billing information, to the Products, you agree to provide us with updated, accurate and complete billing information, and you authorize us (either directly or through our affiliates, subsidiaries or other third parties) to charge, request and collect payment (or otherwise charge, refund or take any other billing actions) from your payment method or designated banking account, and to make any inquiries that we may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your credit card company or banking account (e.g., updated expiry date or card number as may be provided to us by your credit card company).
In order to ensure that you will not experience any interruption or loss of services, your Subscription includes an automatic renewal option by default, according to which, unless you disable the auto-renewal option or cancels its Subscription prior to its expiration, the Subscription will automatically renew upon the end of the then applicable Subscription Term, for a renewal period equal in time to the original Subscription Term (excluding extended periods) and, unless you otherwise notify us, at the same price (subject to applicable Tax changes and excluding any discount or other promotional offer provided for the first Subscription Term). Accordingly, unless either you or us cancel the Subscription prior to its expiration, we will attempt to automatically charge you the applicable Subscription Fees upon or immediately prior to the expiration of the then applicable Subscription Term. If you wish to avoid such auto-renewal, you shall cancel its Subscription (or disable the auto-renewal option), prior to its expiration, at any time by contacting us at [email protected] Except as expressly set forth in these Terms, in case you cancel your Subscription, during a Subscription Term, the Subscription will not renew for an additional period, but you will not be refunded or credited for any unused period within the Subscription Term.
Unless expressly stated otherwise in a separate legally binding agreement, if you received a special discount or other promotional offer, you acknowledge that upon renewal of its Subscription, we will renew such Subscription, at the full applicable Subscription Fee at the time of renewal.
If you are not satisfied with your initial purchase of a Service, you may terminate such Service by providing us a written notice, within 30 days of having first ordered such Services (the “Refund Period”). In the event that you terminate such initial purchase of a Service, we will refund you the prorata portion of any unused and unexpired Subscription Fees pre-paid by you in respect of such terminated period of the Subscription, unless such other sum is required by applicable law, in the same currency we were originally paid (the “Refund”). The Refund is applicable only to your initial purchase and does not apply to any additional purchases, upgrades, modification or renewals of such Service. Please note that we shall not be responsible to Refund any differences caused by change of currency exchange rates or fees that you were charged by third parties, such as credit card or wire transfer fees. After the Refund Period, the Subscription Fees are non-refundable and non-cancellable. To the extent permitted by law, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for Services actually received and enjoyed, we reserve our right to reject your Refund request.
Subject to the foregoing, upon your termination under this section all outstanding payment obligations shall immediately become due for the used Subscription Term and you will promptly remit to us any fees due to us under these Terms.
If, at any time, we record a decline, chargeback or other rejection of a charge of any due and payable Subscription Fees on your Account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Service may be disabled or terminated and such use of the Service will not resume until you re-subscribe for any such Service, and pay any applicable Subscription Fees in full, including any fees and expenses incurred by us and/or any Third Party Service for each Chargeback received (including handling and processing charges and fees incurred by the payment processor), without derogating from any other remedy that may be applicable to us under these Terms or applicable law.
We may offer, from time to time, part or all of our Services on a free, no-obligation trial version (“Trial Service”). The term of the Trial Service shall be as communicated to you, within the Service, in an Order Form, unless terminated earlier by either you or us, for any reason or for no reason. We reserve the right to modify, cancel and/or limit this Trial Service at any time and without liability or explanation to you.