Welcome to www.Eazyshow.com (together with its Content, the "Site"). Please read the following Terms and Conditions of Use and License Agreement ("Terms") carefully before using this Site so that you or your company ("You" or "Your") are aware of your legal rights and obligations with respect to Eazyshow Inc, its affiliates and subsidiaries (individually and collectively, "Eazyshow" or "We").
As our customer, Eazyshow provides you or your company with access to a variety of software and services as well as information, communities, forums and the like on our website (collectively, "Services"). All these Services are subject to these Terms and Conditions.
We reserve the right, at our discretion, to modify these Terms, which modification will be effective immediately and will apply to causes of action arising after the effective date of the change. Your continued use of this service following the posting of changes to these Terms will mean you accept those changes.
By using or visiting this Site, including without limitation using its service, you signify your assent to our Terms and privacy policy at www.Eazyshow.com/privacy. These Terms apply to all users of the Site. If you do not agree to these Terms or the Privacy Policy, then please do not access or otherwise use the Site or any information contained herein.
You represent and warrant that you:
3.1 License. Subject to your obligations herein, Eazyshow hereby grants to you during the term of this Agreement a limited, revocable, non-exclusive, non-transferable, non sub-licensable license to access and use the Hosted Services and any software ("Software") provided by Eazyshow to access those Hosted Services. Eazyshow may, in its discretion, offer updates, upgrades, patches and/or new versions of the Software.
3.2 Reservation of Rights. Except for the limited license set forth above, Eazyshow reserves all rights to the Services, including the right to discontinue or disable certain features and/or functionality that are outdated or otherwise not generally used by Eazyshow customers.
4.1 Eazyshow hereby grants you permission to use the Site, provided that: (i) you will not copy, distribute or modify any part of the Site without Eazyshow's prior written authorization; (ii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) you will not disrupt servers or networks connected to the Site; and (v) you comply with these Terms.
4.2 In order to access some of the services of the Site, you will need to have an account with Eazyshow. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure. You must notify Eazyshow immediately of any breach of security or unauthorized use of your account.
4.3 You agree not to use or launch any automated system, including without limitation "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the Eazyshow servers in a given period of time than a human can reasonably produce by using a conventional web browser.
4.4 Eazyshow, in its sole discretion, has the right to terminate your access to the Site immediately with or without cause.
5.1 The Eazyshow platform is an advanced Software as a Service ("SaaS") platform that enables you or your customer/site visitor to initiate real-time communication with agents using text, voice and video communication to simultaneously share and review a wide range of computer files; and to upload and co-edit text documents and forms (collectively the "Service").
5.2 Term. This Agreement will commence upon the Effective Date and continue for the term set forth in the applicable Order Form or Registration Process (the "Initial Term") unless terminated earlier. If no Initial Term is set forth, the Initial Term shall be deemed to be twelve (12) months. Following the Initial Term, this Agreement shall renew for consecutive terms of the same length unless either party provides written notice at least sixty (60) days prior to the expiration of the then-current term.
5.3 As between the parties, all title, ownership rights, and intellectual property rights in and to the Service shall remain in and with Eazyshow.
5.5 External applications, including without limitation the telephone application, are third party applications and will be charged to you at actual cost. You are responsible for any charges you incur if you also use communication services which are not a standard part of Eazyshow.
5.6 You are granted a non-exclusive, non assignable, non transferable, revocable, limited license during the corresponding period for which you paid the license fee, to use the Service. All rights not expressly granted to you under these Terms remain with Eazyshow.
5.8 In consideration of the applicable license selected by you, you shall pay Eazyshow the applicable license fee published on the Site, unless otherwise agreed to in writing. If you are in arrears in payment, Eazyshow may suspend or terminate the Service.
Except as expressly and unambiguously permitted by these Terms, you shall not, nor permit anyone else to, directly or indirectly:
The Service permits the submission of Content by you and other users. Eazyshow may access all Content for quality assurance purposes. You shall be solely responsible for your Content and the consequences of posting or publishing it. Eazyshow has the right in its sole discretion to monitor, censor, edit, remove, delete, and/or remove any and all your Content posted by you.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize Eazyshow to use all Intellectual Property Rights in and to any of your Content. You hereby grant to Eazyshow a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, upload, copy, store, reproduce, modify, publish, distribute, perform, display, and transmit your Content for the purpose of performing Services pursuant to these Terms.
Eazyshow, in its sole and absolute discretion, may update, change, restrict, modify, and/or cancel the Service or portion thereof at any time, for any or no reason, without any liability whatsoever.
We reserve the right to access, read, preserve, and disclose any of your Content or any other information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) enforce these Terms; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Eazyshow, its users or the public.
The Site may contain links to third-party websites that are not owned or controlled by Eazyshow. Eazyshow is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. By using the Site, you expressly release Eazyshow from any and all liability arising from your use of any third-party website.
Customer Support is provided according to the Service level that you selected to purchase or otherwise agreed to in writing and signed by the parties.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND EAZYSHOW, THE SITE (INCLUDING THE CONTENT AND THE SERVICE) IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE". NO EXPRESS OR IMPLIED WARRANTIES ARE GIVEN, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
EAZYSHOW DOES NOT GUARANTEE THAT THE SITE AND THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS, OR THAT THEY WILL ALWAYS BE AVAILABLE. THE SITE AND THE SERVICE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL EAZYSHOW, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE RESPONSIBLE AND LIABLE FOR ANY LOSS OF MONEY, LOSS OF BUSINESS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF DATA, REPUTATION, SPECIAL DAMAGES, DIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE AND ITS SERVICES.
IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT EAZYSHOW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) THE REIMBURSEMENT OF A MONTHLY FEE RECEIVED BY EAZYSHOW (IF ANY); OR (B) $100.00.
All content at Eazyshow.com, including but not limited to text, documents, descriptions, products, software, photos, sounds, videos, interactive features, services, design, graphics, interfaces, or code ("Content") and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Eazyshow. All trademarks, service marks, trade names and logos contained therein are owned by or licensed to Eazyshow Inc.
"Eazyshow", the Eazyshow logo and other marks are Marks of Eazyshow Inc or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
It is the policy of Eazyshow to respect the legitimate rights of copyright and other intellectual property owners. Eazyshow has designated an agent to receive notifications of claimed copyright infringement on its sites. We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Eazyshow's Copyright Agent with the following information: (1) an electronic or physical signature of the authorized person; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material is located on the Eazyshow Site; (4) your address, telephone number, and email address; (5) a statement of good faith belief; and (6) a statement made under penalty of perjury that the above information is accurate.
Eazyshow's agent for notice of claims of copyright infringement can be reached at:
Eazyshow Inc., 340 S Main St, Clawson, MI 48017, United States
Email: [email protected]
You agree to defend, indemnify and hold harmless Eazyshow, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site and the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that your Content caused damage to a third party.
You shall not make any communication that is intended or reasonably understood to disparage, criticize, condemn or impugn the personal, professional or business reputation of the Site, Service, the name Eazyshow, its employees, agents, and assigns, including without limitation any communication that could be interpreted as impairing the quality of the Service, whether orally or in writing, to any person or entity.
The parties shall not be liable to each other or any other person for any delay or failure in the performance of this Agreement due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of terrorism, acts of vandalism, lightning, fire, strike, unavailability of energy sources or any other causes beyond the party's reasonable control.
These Terms, the Privacy Policy and the relationship between you and Eazyshow shall be construed and enforced in accordance with the laws of the State of Michigan, and the parties consent to the exclusive jurisdiction of courts in Oakland County, Michigan, USA.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Eazyshow without restriction or notification to you.
You may be asked to provide feedback regarding the Service. You hereby grant Eazyshow a perpetual, free, royalty free unlimited license to use and/or incorporate such feedback into the Service or any other product of Eazyshow.
If any term of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
No waiver of any term of these 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 these Terms shall not constitute a waiver of such right or provision.
All notices shall be in writing and shall be sent by certified mail, return receipt requested, or by wire communications to the respective contact at the following address: To Eazyshow at 340 S Main St, Clawson, MI 48017, United States, Attention: CEO.
Eazyshow hereby rejects any terms or conditions appearing on any purchase order or other supplements that are in addition to, or different from, the terms and conditions of this Agreement, and the parties agree that all such terms shall be void and of no force or effect. The parties are independent contractors and neither this Agreement nor the performance of Services shall create an association, partnership, joint venture, or relationship of principal and agent, master and servant, or employer and employee, between the parties. This Agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of the State of Michigan and exclusive venue shall be in the courts of the State of Michigan. Each party expressly waives its right to a trial by jury.
EAZYSHOW MAY CHANGE THIS AGREEMENT AT ANY TIME AND IN ITS SOLE DISCRETION. THE MODIFIED AGREEMENT WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE EAZYSHOW WEBSITE AND COMPANY AGREES TO THE NEW POSTED AGREEMENT BY CONTINUING THE USE OF THE SERVICES.
This Agreement, together with the Purchase Order, contains the entire agreement between you and Eazyshow, and supersedes any and all previous agreements with respect to the subject matter hereof, whether oral or written.
YOU AND EAZYSHOW AGREE THAT ANY CAUSE OF ACTION 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.
Eazyshow Inc.
340 S. Main Street, Clawson, MI 48017, USA
[email protected]