ACCEPTANCE OF TERMS
Ezlocal.com ("Ezlocal") provides this
web site ("Site") to you and these Terms and Conditions (“Terms and
Conditions” or “Agreement”) apply to this Site. This Agreement is made between
you and Ezlocal.com. The Site and all text, pictures, graphics, logos, button
items, images, works of authorship and other information and all revisions,
modifications, and enhancements thereto ("Content") are subject to
the following Terms and Conditions, which may be updated from time to time. The
Site is provided to you under these Terms and Conditions, and amendments
thereto and any operating rules or policies. We reserve the right to update and
change these Terms and Conditions from time to time with or without notice to
you.
YOUR ACCESS TO AND USE OF THIS SITE AND CONTENT
PROVIDED ON THIS SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL
APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO
NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE
THIS SITE OR ANY INFORMATION OR CONTENT CONTAINED ON THIS SITE. YOUR ACCESS TO
AND USE OF THIS SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS
AND CONDITIONS SET FORTH BELOW.
PROPRIETARY RIGHTS
You acknowledge and agree that (a) all Content is
the copyrighted work of Ezlocal or its third party content suppliers and is
protected by copyright laws, (b) Ezlocal’s name, the domains www.ezlocal.com
and www.americasbestcompanies.com, the logos, all page headers, custom graphics
and button icons are service marks, trademarks and/or trade dress of
Ezlocal.com (collectively, "Marks"), and (c) all other trademarks,
product names, company names or logos on the Site are the property of their
respective owners. In addition to agreeing to comply with all applicable laws,
you agree you will not use any such Content or Marks from this Site for any
purpose without the appropriate prior written authorization.
This Site does not claim any ownership in any
photographs, images, video, works of authorship, or other materials, including
biographical, photographic and other information identifying you (“Submission”)
submitted by you. By submitting a Submission to this Site, you grant Ezlocal a
perpetual, nonexclusive, worldwide license to use, modify, publicly perform,
publicly display, reproduce and distribute such Submission as reasonably
necessary in the ordinary course of running and marketing Ezlocal. You hereby
acknowledge and fully understand that the grant of rights extended to Ezlocal
and the Site by you includes the right to use and to re-use the Submission, in
whole or in part, and to authorize others to use and to re-use the Submission,
an unlimited number of times without compensation to, or approval by, you. Such
use may include, but is not limited to, editorial, entertainment, advertising,
exhibition, promotion, cross-promotion, sales, leasing, rental, merchandising
and trade purposes.
You represent and warrant that all Submissions
you provide to Ezlocal are exclusively owned by you and do not infringe on any
person’s intellectual property rights (including, but not limited to
copyrights, trademarks, service marks, or any other proprietary, publicity, or
privacy rights).
ARBITRATION
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS,
DISPUTES OR CONTROVERSIES BETWEEN YOU AND EZLOCAL, AND ITS PARENT, AFFILIATES,
SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND
CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW,
ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE
RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE
ARBITRATOR (WHO SHALL BE SELECTED BY EZLOCAL). ANY CONTROVERSY CONCERNING
WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT
BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED
BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT
IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS
INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE
GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). NEITHER YOU NOR WE SHALL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER
CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN
A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY
WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
MODIFICATION OF SITE
Ezlocal may, at its discretion, modify or
discontinue any of the Content or a portion thereof, with or without notice.
You agree that Ezlocal will not be liable to you or any third party for any
modification or discontinuance of any of the Content.
DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF THIS SITE AND CONTENT IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS. EZLOCAL AND ITS SUPPLIERS
EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS SITE DOES NOT CONSTITUTE
LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. EZLOCAL AND ITS SUPPLIERS
MAKE NO WARRANTY THAT (I) THE CONTENT IS ACCURATE OR ERROR-FREE; AND (II) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE RELIABLE.
YOU EXPRESSLY WARRANT AND AGREE THAT ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR NETWORK OR ANY LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT EZLOCAL AND ITS
SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO
YOUR ACCESS TO, USE, OR INABILITY TO USE THE SITE OR CONTENT, OR FROM YOUR
ACCESS TO, USE, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEBSITE, EVEN IF
EZLOCAL OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION
OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE
JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE
MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE,
LIABILITY IS IMPOSED UPON EZLOCAL, THEN YOU AGREE THAT EZLOCAL’S TOTAL
LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM EZLOCAL’S ACTS OR
OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT
EXCEED $100.
GENERAL PROVISIONS
Governing Law
These Terms and Conditions are governed by the
laws of Illinois without regard to conflict of law provisions with the
exception of the Arbitration provision, which shall be governed by the Federal
Arbitration Act. You hereby consent to the exclusive jurisdiction of the courts
of the State of Illinois. Venue shall be in Cook County, Illinois.
Entire Agreement
These Terms and Conditions, the Privacy Policy,
and other policies Ezlocal may post on this Site constitute the entire
Agreement between Ezlocal and you in connection with your use of this Site, any
products or services offered on this Site, and the Content, and supersede any
prior versions of the Terms and Conditions, if applicable. Ezlocal may update
these Terms and Conditions from time to time by posting revised Terms and
Conditions on this Site, without notice to you, and your subsequent use of the
Site is governed by those new Terms and Conditions. The Terms and Conditions
are effective until terminated by Ezlocal. In the event of termination, the
Proprietary Rights, Disclaimers, Limitations of Liabilities, and Governing Law
provisions set forth in these Terms and Conditions will survive. In the event
of a conflict between any other notice, policy, disclaimer or other term
contained in this Site, these Terms and Conditions will control. If any
provision is deemed to be unlawful or unenforceable, it will not affect the
validity and enforceability of the remaining provisions. The section headings
are for convenience only and do not have any force or effect.
Privacy Policy
Ezlocal’s policy on how your personal information
is used and disclosed is contained in our Privacy Policy. You agree to
accept these Terms and Conditions, any notifications and revisions, and any
notices provided electronically on this Site.
Links
We have no control over and is not responsible
for the content of or claims made on websites that may be linked to or from
this Site, whether or not they may be affiliated with us. Any websites linked
to or from our Site are for your convenience only, and you access them at your
own risk.
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