Terms
Terms of Use
Last updated August 26, 2007
This website is provided by EzBuilder
You Agree to These Terms by Using this Site
Your access to, and use of, this Website (collectively referred to as the Site) is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and EzBuilder are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately, not use the files herein, and/or not subscribe to this service.
Limitations of Use
The information and materials on this website are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing EzBuilder services and products, or for your personal use of any tools and downloads available on this site. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this website for any commercial, non-commercial or any other purpose not outlined in this agreement.
Privacy
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will not be sold or given away by EzBuilder. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.
Disclaimer of Warranties
EzBuilder provides our store/site program to you with no warranty or condition; express, implied, or statutory.It is our goal to make your website available to you 24 hours per day, 365 days per year, however it is out of our control and we can not always foresee technical difficulties that may cause interruptions in your service. EzBuilder shall not be held responsible or liable and shall be held harmless in the event of downtime due to technical server problems. EzBuilder may not be held responsible or liable for any loss of income or any damages arising out our services.
Payment
It is your responsibility to keep your payment current. Your hosting account will be set up upon completion of your website. Your hosting account will be set up with the subscription service thru Paypal. You will automatically be billed for your monthly hosting fee.
Please inform us immediately if you change your email address with Paypal
If you chose to pay annually you will be sent an invoice thru Paypal to renew your website.
Non Payment
If you do not pay your subscription payment after two failed attempts, your account will be suspended. After one month of suspension your account will be deleted. You may contact us to work out a payment plan to keep your site active to avoid your site being deleted.
Cancellation
You may cancel your subscription at any time before your next billing date. There are no refunds due to the nature of our business. Once we have received your payment for your website you are in contract for your website to be built and are subject to these terms.
Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER EzBuilder, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
Third Party Disclaimer
EzBuilder may provide hyperlinks to third party websites or other resources solely for your convenience. EzBuilder does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, EzBuilder specifically disclaims any responsibility if such sites:
infringe any third party's intellectual property rights;
are inaccurate, incomplete or misleading;
are not merchantable or fit for a particular purpose;
do not provide adequate security;
contain viruses or other items of a destructive nature; or
are libelous or defamatory.
Neither does EzBuilder endorse the content, or any products or services available, on such sites. If you visit such sites or establish a link to such sites or the Site, you do so at your own risk and without the permission of EzBuilder.
Copyright
Copyright © 2007 EzBuilder All rights reserved
Any Content downloaded by you from this website, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively referred to as the "Content") is licensed to you by EzBuilder. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.
This website contains copyrighted materials, animations, photographs, images, videos, footage, text, music, and sounds (collectively referred to as the "Content") which is owned by EzBuilder or its licensors. It is illegal to duplicate, download or distribute any Content from this Site except for your use. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.
If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact us at jebuhl@peoplepc.com
Revisions to the Terms
EzBuilder may at any time, and without notice, revise this Terms of Use statement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use statement.
Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the State of Michigan, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within St. Joseph County, Michgian, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
DISCLAIMER
THIS SITE IS PROVIDED BY EzBuilder ON AN "AS IS" BASIS. EzBuilder MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EzBuilder DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EzBuilder WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS PURCHASED USING THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.