EZOfferz | Terms and Conditions

TERMS AND CONDITIONS: OCTOBER 12, 2011

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS DOCUMENT SETS FORTH THE TERMS THAT APPLY WHEN A POTENTIAL HOME BUYER, AGENT, BROKER, BROKERAGE COMPANY, PROPERTY MANAGER, PROPERTY MANAGEMENT COMPANY OR DATA LISTING AGGREGATOR ("YOU") PROVIDE DATA TO EZ OFFERZ, INC. (THE “COMPANY”) ON BEHALF OF YOURSELF OR THIRD PARTIES. BY ACCESSING AND USING THIS WEB SITE AT WWW.EZOFFERZ.COM (THE "SITE"), YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS").

EZ Offerz, Inc. reserves the right to change or modify the Terms or any policy or guideline of the Site, at any time and in the Company’s sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Should you object to any portion of the Terms or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Please review these terms and conditions periodically and check the version date for changes.

Once you sign up to become a user of the Site, you shall receive a password and an account. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time.

You understand that all postings, messages, text, files, images, photos, video, sounds, contact information or other materials posted on, transmitted through, linked to or from the Site, are the sole responsibility of the person or company from whom such content ("Content") originated. Specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Site. You understand the Company does not control, and is not responsible for Content made available through its Site by third parties, and that by using this Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge the Company does not pre-screen or approve third party Content, but the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the Terms or for any other reason. You agree that you must evaluate and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will the Company be liable in any way for 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 made available via the Site.

You grant the Company a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with the Site and to create derivative works from any Content and information you have provided. The Company will not alter any of the Content you have provided on and in connection with the Site or its authorized affiliates except for format and presentation purposes. The Company may also create derivative works that do not include the Content in identifiable form for promotional purposes in a contextually relevant manner.

The Site provides links to and distributes content through third party sites and resources over which the Company has no control. The Company 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. The Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in or the timely inclusion and/or removal of content from any such site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. Your linking to any other websites is at your own risk.

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at infringement@ezofferz.com.

You agree to not use the Site to: (a) upload, post 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 Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content 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); (e) upload, post or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit 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; (g) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (h) intentionally or unintentionally violate any applicable local, state, national or international law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote acts of cruelty to animals.

You agree to indemnify and hold the Company, 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 your Content, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another. You use the Site at your own risk.

For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

You agree the Company in its sole discretion, may terminate your password, use of the Site or use of any other Company service, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if the Company believes you have violated or acted inconsistently with the letter or spirit of the Terms. The Company may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms may be effected without prior notice, and acknowledge and agree the Company 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 Site. Further, you agree the Company shall not be liable to you or any third-party for any termination of your access to the Site. Upon termination, the Company will retain a nonexclusive, royalty-free, perpetual license to use, copy, distribute, publicly display and perform, and create derivative works of Content which shall survive any termination of service, and the Company will retain ownership of derivative works created hereunder.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY 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) THE COMPANY MAKES NO WARRANTY (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE 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 SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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 THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

YOU EXPRESSLY UNDERSTAND AND AGREE THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on the Site is the property of the Company or its software suppliers and protected by United States and international copyright laws. You may access, download and print materials on this web site solely for your personal and non-commercial use, however, any print out of this web site, or portions of the web site, must include the Company’s logo and copyright notice. No right, title or interest in any of the materials contained on this web site is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another web site, use on any other web site, transfer or sell any information obtained from the Site, without written permission from the Company. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users, listing data or other information.

The Company, Company logo, and other marks indicated on our site are trademarks of the Company. Other Company graphics, logos, page headers, button icons, scripts, and Site names are trademarks or trade dress of the Company. The Company' trademarks and trade dress may not be used in connection with any product or Site that is not the Company's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

You understand that sending unsolicited email advertisements to the Company email addresses or through the Company computer systems is expressly prohibited by these Terms. Unauthorized use of the Company computer systems is a violation of the Terms and certain federal and state laws and may subject the sender and his or her agents to civil and criminal penalties.

These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. The Company’s failure to exercise or enforce any right or provision of the Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms 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 these Terms 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 Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Any controversy or claim arising out of or relating to these Terms or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either the Company or you may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, as necessary to protect the rights or property of you or the Company.