1. Consent and Modification.
2. Ability to Accept Terms.
The Site is not intended for individuals under the age of 18 years. If you are under 18 years please do not use the Site or register an Account (defined below). If it comes to our attention through reliable means that a registered user is under the age of 18 years, we may, to the extent applicable, cancel that user's Account and/or access to the Site.
3. Site Access and Use.
We hereby grant you a limited license to access and use the Site provided that you act in accordance with and comply at all times with these Terms. We reserve the right to terminate your access to and use of the Site immediately at any time, with or without cause.
4. Site Restrictions.
You agree at all times to comply with these Terms and applicable law and shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; (v) except as expressly permitted herein, collect or harvest any personally identifiable information, including names, phone numbers, or e-mail addresses, from the Site; (vi) use the contact information of any other User (defined below), or contact any User, for any purpose other than in connection with your permitted use of the Services; (vii) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (viii) use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications, including without limitation by email, SMS, MMS, or any other means; (ix) invade the privacy rights of any User or third party; and/or (x) use the Site for any unlawful, harmful, irresponsible, or inappropriate purpose. "User" means any person or entity that visits, accesses, and/or uses the Site.
5. EZBZ Service and Services.
5.1.In connection with the Site, EZBZ offers an informative platform, and related services, whereby Consumers (defined below) and Businesses (defined below) can exchange information about products and services that Consumers need or inquire about and that Businesses can provide or offer to provide (the "EZBZ Service"). You may join the EZBZ Service, subject to applicable registration requirements, setting up an Account, and otherwise complying with these Terms. "Consumer" means any User that obtains or receives products and/or services, or represents that it intends to obtain or receive said products and/or services, from a Business. "Business" means any User that provides products and/or services, or represents that it intends to provide products and/or services, to a Consumer. All references to a Consumer and a Business shall, as applicable, include companies and other legal entities and also individuals acting in their personal capacity or within their capacity as an employee, consultant, agent, or representative of a company or other legal entity.
5.2. The Site may also offer other services in connection with or in addition to the EZBZ Service ("Services"). EZBZ, in its sole and absolute discretion, may update, change, restrict, modify, and/or cancel the Services, or any portion thereof at any time, for any or no reason, without any liability whatsoever. Except to the extent that the EZBZ Service, Inquiry Service, Notification Service, Invitation Service, Moderating Services, Translation Services, Rating and Review Service, and/or Customer Service (each as defined herein) are separately referred to, all references herein to the Services shall include the foregoing services.
In order to access some of the Services, including the EZBZ Service, you may be required to create an account ("Account"). Depending on your needs, the Site offers you the option of choosing between different types of Accounts. Details of each Account, including information intended to assist you to select the Account that is appropriate for you, are published on the Site.
6.2. Your Account.
You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate, current and complete information. If your information changes, you agree to promptly make the related changes in your Account so that your information remains accurate, current, and complete at all times. You are solely responsible and liable for the activity that occurs in your Account, and you agree to keep your Account password confidential and secure at all times. You must notify EZBZ immediately of any breach of security or unauthorized use of your Account. Without derogating from your payment obligations, you may cancel your Account at any time by using the tools provided on the Site.
6.3. Account Plans and Upgrades.
Your Account may provide you with different plan levels to choose from (each a "Plan"). The default Plan for each Account is the standard Plan, for which no payment is currently required. As applicable, you may choose to upgrade at any time to a different Plan, subject to your payment of the relevant Plan fees ("Plan Fee(s)"). The Plans and Plan Fees are published on the Site (as amended from time to time). You may downgrade from one Plan to another at any time, but agree that any such downgrade shall not entitle you to a refund or credit of any amount already paid or any outstanding Plan Fee.
7. Inquiry Service and Notification Service.
7.1. Inquiry Service. The EZBZ Service includes inquiry services ("Inquiry Service") whereby a Consumer can use the tools available on the Site to post or send an inquiry ("Initial Inquiry") about products and services to selected Businesses ("Eligible Business(es)"), and the Eligible Businesses can respond by using the tools available on the Site to post or send information, offers and/or quotes to provide said products and services ("Quotes", and together with the Initial Inquiry and any further related communications between the Consumer and an Eligible Business, an "Inquiry" or "Inquiries"). The Inquiries will be communicated between the initiating Consumer and all Eligible Businesses. However, the Inquiry Service also enables Inquires to be communicated between a Consumer and a single Eligible Business. The tools that we provide on the Site in connection with your Account should help you be aware about who will have access to and view your Inquiries, and should enable you to communicate with selected Users. Once an Inquiry has been sent it can not be recalled or deleted, so please exercise due care before sending any Inquiry. If you choose to participate in the Inquiry Service, you acknowledge and agree (i) that your Inquiries may be publicly available to other Users included in the Inquiry thread; and (ii) to comply with these Terms and applicable law at all times.
7.2. Notification Service. The Inquiry Service provides each User with the option of being notified about an Inquiry via an SMS, MMS, or email sent to, as applicable, the mobile phone number(s) and/or email address(es) nominated by the User ("Notification Service"). If you choose to participate in the Notification Service, you acknowledge and agree (i) that we and other Users may communicate with you by SMS, MMS, email or other electronic means in connection with the Services; (ii) to promptly update your Account information in the event that you change or deactivate your mobile phone number or email address; and (iii) to comply with these Terms and applicable law at all times.
7.3. Costs. If you choose to participate in the Notification Service, you acknowledge and agree that you may be charged the following amounts in connection with the Notification Service: (i) such EZBZ fees as may be published on the Site (as amended from time to time); and (ii) your telecommunications carrier's or internet provider's messaging, data, internet access and other rates and fees for sending and/or receiving notifications.
8. Invitation Service.
The EZBZ Service includes an invitation service that enables you to invite your friends and contacts to register an Account with the EZBZ Service ("Invitation Service"). If you choose to participate in the Invitation Service, you acknowledge and agree (i) to only send invitations to your friends and contacts that you know; (ii) not to misrepresent your relationship with EZBZ to any third party or make any warranty or representation on behalf of EZBZ; and (iii) to comply at all times with these Terms and applicable law.
9. Translation Services.
10. Customer Service.
If you have any questions, complaints, or claims regarding the Site (including for the avoidance of doubt any Services and/or payments) you may email us at firstname.lastname@example.org, call us on 1855-EZBZ-NOW during our regular business contact hours that are published on the Site (as amended from time to time), or submit an inquiry through your Account (collectively, the "Customer Service"). We use commercially reasonable efforts to respond as quickly as possible.
11. Transactions between Consumers and Businesses.
The EZBZ Service enables Consumers and Businesses to exchange information about products and services that Consumers need or are inquiring about and that Businesses can provide or offer to provide. You agree that all Transactions (defined below) are executed independently of this Site and that you enter into Transactions at your own risk. "Transaction(s)" means, as applicable, and without limitation, to purchase, sell, rent, lease, license, subscribe, subscribe to, provide, and/or receive, products or services.
11.2. For Consumers:
If you are a Consumer you acknowledge and agree that (i) Businesses are independent third party Users of the Site and are not employees, agents or representatives of EZBZ; (ii) you are solely responsible, and liable, for verifying the qualifications, credentials, expertise, experience, ability, consents, appropriateness and suitability of any Business you interact or transact with; (iii) to the extent that you enter into a Transaction with a Business, EZBZ is not involved or liable for any such Transaction, which you enter into at your sole risk; (iv) you are solely responsible for paying any applicable Transaction fees, charges or other amounts; (v) you are solely responsible for any representations or warranties you make to a Business, including, without limitation, your ability to enter into a Transaction and/or pay any applicable fees, charges or other amounts; (vi) EZBZ shall not liable for any loss or damage caused to you by your reliance on any warranty, representation, advice, information, product or service provided or not provided to you by a Business; (vii) EZBZ does not make any representation or warranty regarding whether a Business will enter into a Transaction with you; and (viii) you shall at all times comply with these Terms and applicable law.
11.3. For Businesses:
If you are a Business:
- You acknowledge and agree that (i) to the extent that you enter into a Transaction with a Consumer, EZBZ is not involved or liable for any such Transaction, which you enter into at your sole risk; (ii) you are solely responsible for any representations or warranties that you make to a Consumer, including, without limitation, with respect to your products, services, qualifications, credentials, expertise, certifications, background, skills, knowledge, and/or licenses; (iii) EZBZ does not make any representation or warranty regarding whether a Consumer will enter into a Transaction with you or a Consumer's ability to pay for any product or services that you may provide; (iv) EZBZ shall not be liable for any loss or damage caused to you by your interaction with another User or any Transaction that you enter into; and (v) you shall at all times comply with these Terms and applicable law.
- You represent and warrant that (i) any and all information that you present about yourself and your ability and suitability to enter into a Transaction, including (without limitation) your qualifications, credentials, expertise, certifications, background, skills, knowledge, and licenses, is accurate, complete and current and is not any way deceptive or misleading; (ii) you are at least 18 years of age or a legally organized entity and you are authorized, and not prevented in any way, from entering into, or contemplating to enter into, a Transaction; (iii) you will at all times comply with these Terms and applicable laws, regulations, and rules (including without limitation, and as applicable, rules of ethics and professional responsibility) and not engage in or facilitate any unlawful Transaction; (iv) you shall be solely responsible for any product or service that you provide (or fail to provide) or advertize, including maintenance and support, and any representations and warranties you make in connection therewith; and (v) you shall not represent or indicate yourself to be an employee, consultant, agent, representative, or affiliate of EZBZ or suggest that EZBZ endorses or recommends any product or service that you offer.
11.4.Rate and Review Service.
The EZBZ Service enables you to rate and review Businesses and make your rating and review visible to other Users ("Rate and Review Service"). If you are a Consumer and you choose to participate in the Rate and Review Service, you acknowledge and agree (i) to only post information that is accurate and honest; (ii) that you shall be solely responsible and liable for any rating or review that you provide; and (iii) to comply with these Terms and applicable law at all times. If you are a Business, you acknowledge and agree that EZBZ shall not be responsible or liable for any rating or review that a Consumer posts. To the extent that you believe a rating or review is inaccurate or dishonest, you may contact us via the Customer Service and request that it be deleted or modified. We reserve the right, at our sole discretion, to modify or delete any rating or review. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against EZBZ in connection with any rating or review and any EZBZ action, or inaction, to modify or delete a rating or review.
Certain Services may include the option to purchase or subscribe to different Plans, products or services from us ("Offerings"). The prices of any such Offerings, and time for payments, are published on the Site (as amended from time to time).
12.2. Processing of Payments.
If you choose to purchase or subscribe to an Offering, you acknowledge and agree (i) that we (or one of our service providers) may charge your credit card for the purchase or subscription (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase or subscription; (ii) to only provide valid and current information for (a) yourself; or (b) another person, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of third party service providers to process transactions on our behalf; (iv) that prices for Offerings may change at any time; (v) except as expressly set forth herein, all purchases and subscriptions are final and non-cancellable or non-refundable; and (vi) if payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due to us upon demand.
12.3. Refund Policy.
You acknowledge and agree that any fees and/or payments paid by you to EZBZ in connection with your use of the Site and any Services are non-refundable. Notwithstanding the foregoing, if you reasonably believe that you have been wrongfully charged an amount by us you may notify us within 30 days of the charge and request a refund. The tools within your Account should provide you with the means to do so, and in any event, you may contact us via the Customer Service. Please be aware that we will not consider any such request unless you include full details of the disputed transaction, including the relevant dates, payment details, and a short explanation as to why the amount is disputed. If we, in our sole discretion, find that an amount has been wrongfully charged we will, as your sole remedy, refund you the overcharged amount.
13. Intellectual Property Rights.
13.1. The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, User Submissions (defined below) and services (collectively, the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are the property of EZBZ and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “EZBZ”, the EZBZ logo, and other marks are Marks of EZBZ or its affiliates. All other trademarks, service marks, and logos used on the Service are the trademarks, service marks, or logos of their respective owners.
13.2. The Content on the Site is provided for, as applicable, your personal and/or internal business use only in connection with the Services and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever (including without limitation for any commercial purpose or for consideration of any sort) without EZBZ’s prior written consent. If you download or print a copy of the Content for personal use or as permitted herein, you must retain all copyright and other proprietary notices contained therein. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
14. User Submissions.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize EZBZ to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. Youretain all of your ownership rights in yourUser Submissions.
14.4. Prohibited Content.
You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information in your User Submission and that the third party is aware that they may be contacted as a result; and/or (x) breaches these Terms.
14.5. Moderating Services.
EZBZ reserves the right, without further notice to you, to monitor, censor, edit, delete, refuse, and/or remove any User Submission, or part thereof, at any time and for any reason, including without limitation for breach, at EZBZ's sole discretion, of these Terms (the "Moderating Services"). You acknowledge and agree that (i) to the extent that EZBZ performs Moderating Services, there may be some time-lag between the time that you transmit, post, or otherwise submit a User Submission and the time that said User Submission reaches its targeted audience; (ii) EZBZ is not under any obligation to perform the Moderating Services with respect to any or all User Submissions; and (iii) EZBZ shall not be liable for its decision to refuse a User Submission or for any modifications that it makes to a User Submission, whether belonging to you or another User, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against EZBZ with respect to any such refusal or modifications.
You understand and acknowledge that when accessing and using the Site (i) you will be exposed to User Submissions from a variety of sources, and that EZBZ is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against EZBZ with respect to (i) and (ii) herein.
14.7. Spam. You agree not to, and will not, use the communications systems provided by the Service to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of EZBZ, its users or the public.
The Site may display advertisements not operated by EZBZ. We have no control over the content of any advertisements. The existence of an advertisement shall not be construed as an endorsement by EZBZ of the advertisement or its content.
16.2. EZBZ permits you to link to the Site provided that (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with EZBZ or present any false information about EZBZ and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website does not contain content that is offensive, controversial (both at our discretion), or infringes any intellectual property or other rights of any person; and/or (vi) you, and your website, comply with these Terms and applicable law.
17. Information Description.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site (including, without limitation, any pricing) is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
19. Copyright and Content Policy.
It is EZBZ's policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at: www.ezbz.co\copyright ("Copyright Notice").
20. Warranty Disclaimers.
20.1. This Section 20 is in addition to any warranty disclaimers specified under the Site Terms and applies whether or not the Services provided under the Site are for payment. The Site is provided on an "as is" and "as available" basis, and without warranties of any kind either express or implied. You assume all responsibility for the selection of the Site to achieve your intended results. EZBZ HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. EZBZ DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT EZBZ WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.
20.3. EZBZ DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN A USER SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE BY A USER OR THIRD PARTY. ACCORDINGLY, YOU ARE ENCOURAGED TO INDEPENDENTLY VERIFY ANY INFORMATION FURNISHED BY ANOTHER USER. YOUR RELIANCE OR USE OF ANY SUCH CONTENT, PRODUCT OR SERVICE IS ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT EZBZ SHALL NOT BE LIABLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
20.4. THE SITE ALLOWS USERS TO OFFER SERVICES AND PRODUCTS AT ANYTIME, FROM ANYWHERE, AT PRICES AGREED UPON BETWEEN THE USERS. NEITHER EZBZ NOR THE SITE IS INVOLVED IN THE ACTUAL TRANSACTION BETWEEN THE USERS, AND EZBZ WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS, OR WAS NOT, ENTERED INTO BETWEEN USERS. EZBZ DOES NOT, AND HAS NO OBLIGATION TO, VERIFY, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING, THE IDENTITY, QUALIFICATIONS, EXPERIENCE, EXPERTISE, SUITABILITY, LICENSES, AND/OR REPRESENTATIONS OF ANY USER OR THIRD PARTY THAT YOU MAY ENGAGE, INTERACT WITH OR BE REFERRED TO IN CONNECTION WITH YOUR USE OF THE SITE. EZBZ DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY INFORMATION, ADVICE, PRODUCTS, OR SERVICES THAT YOU OBTAIN FROM ANOTHER USER OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, YOUR USE OF OR RELIANCE ON ANY OF THE FOREGOING. YOUR INTERACTION WITH AND RELIANCE UPON ANY SUCH USER OR THIRD PARTY IS ENTIRELY AY YOUR SOLE COST AND RISK.
20.5. IF YOU HAVE A DISPUTE WITH ANY USER OR THIRD PARTY IN CONNECTION WITH THE SITE, SERVICES, CONTENT, OR A TRANSACTION, YOU AGREE THAT EZBZ IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. EZBZ RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
20.6. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
21. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL EZBZ, INCLUDING OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF EZBZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT.IN ANY EVENT, AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT EZBZ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AGGREGATE OF THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO EZBZ FOR USING THE SITE WITHIN THE SIX (6) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless EZBZ, including our affiliates, and our respective officers, directors, employees, licensors, assigns and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) your interaction, or any Transaction entered into or not entered into, with another User or third party; and/or (v) any claim that one of your User Submissions caused damage to another User or a third party.
23.Term and Termination.
These Terms are effective until terminated by EZBZ or you. EZBZ, in its sole discretion, has the right to terminate your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of the Site Terms). EZBZ shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site and, if applicable, Account and any data contained therein (which we may delete in our normal course of business operations).
Nothing herein shall be construed to create any employment relationship, partnership, joint venture or agency relationship or to authorize any party to enter into any commitment or agreement binding on the other party.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by EZBZ without restriction or notification to you.
EZBZ reserves the right to discontinue or modify any aspect of the Site at any time. The Site Terms and the relationship between you and EZBZ shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to the Site Terms shall be filed in courts located in New York, New York, and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. This Section 26 and Sections 13.1 (Intellectual Property Rights), 14.3 (License), 18 (Privacy), 20 (Warranty Disclaimers), 21 (Limitation of Liability) and 22 (Indemnity) shall survive termination of these Terms. The Site Terms shall constitute the entire agreement between you and EZBZ concerning the Site. If any provision of the Site Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Site Terms, which shall remain in full force and effect. No waiver of any term of the Site Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under the Site Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.