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Terms & Conditions


IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, THEN PLEASE DO NOT USE THE SERVICES.

1. Acceptance Of Terms

The following instrument consists of the terms and conditions governing your ("you") access to and use of the EZPowerAds Ltd. ("EZPowerAds" or "We") website available at: http://ezpowerads.com and the content, features, software (including, but not limited to, the EZPowerAds software(the "EZPowerAds Software") and the implementation code that We make available to you in order to implement the EZPowerAds Software on your site (the "Implementation Code" and the "Site", respectively)), related technology and services therein (including, but not limited, the Reports (as defined below) (collectively, the "Services"). These EZPowerAds Terms of Service together with the EZPowerAds Privacy Policy and where relevant with the EZPowerAds Order Form (as defined below) (collectively, the "Terms") constitute a binding agreement between you and EZPowerAds, and by continuing to use and/or utilize the Services (in whole or in part) in any way or manner you agree to abide by, and that you are bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Services and avoid making any use of the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services. An "Order Form" shall mean either (a) a document signed by both parties identifying the Services purchased by you and made available by EZPowerAds pursuant to these Terms or (b) your selection and acceptance of a specific pricing tier via the online purchasing process at https://stripe.com/us/terms. We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on our website. You should check our Services periodically and review changes to the Terms at the following URL: http://ezpowerads.com/terms. By continuing to use the Services following such modifications, you agree to be bound by such modifications. If you do not accept the modifications, please stop using the Services.

2. The Services.

Without registering to the Services, you will not be able to access or use the Services. You must be at least 18 years of age, or the age of legal majority where you reside if that jurisdiction has an older age of majority, to register to the Services. During the process of creating an account to access the Services, you will be required to select a password or to allow us to access your account information from a social network service or emailing service. You agree to maintain accurate, complete, and up-to-date information in your user account. Your failure to maintain accurate, complete, and up-to-date user account information may result in your inability to access and use the Services. You are solely responsible for any actions performed in the Services under your user name and password. Keeping your password safe is your sole responsibility. If you have any reasons to suspect that your password was discovered by any third party or that there was an unauthorized access to your account you will immediately notify EZPowerAds and modify your login information. You undertake to monitor your account to ensure that no minor under that age has access to the Services. You accept full responsibility for any unauthorized use of the Services by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, paypal) by minors.

3. License and Limitations of Use.

  • 3.1 Subject to the terms and conditions set forth herein (including, without limitation, payment of the applicable fees), EZPowerAds hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and make internal use of the Services, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof. Any rights not expressly granted herein are reserved by EZPowerAds and EZPowerAds's licensors.
  • 3.2 You undertake to use the Services solely for your own internal business use and for no other purpose whatsoever. You hereby declare that you are at least eighteen (18) years of age, or the age of legal majority where you reside if that jurisdiction has an older age of majority. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy, all or any part of the Services or the EZPowerAds IPR (as defined below); (iii) link to, mirror, or frame any portion of the Services; (iv) make use of the Services or distribute any part thereof in any jurisdiction where same are illegal or which would subject EZPowerAds or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) visit or access the Services through, or use with the Services any, unauthorized means, services or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of the Services; (viii) access the Services in a manner that utilizes resources more heavily than would be the case for an individual person, (ix) publish, send, or facilitate the sending of any unsolicited mass messages, promotions, advertisements, or solicitations (like spam), including commercial advertising and informational announcements; (x) distribute, upload, transmit, submit, publish, send, or facilitate the sending of inappropriate, inaccurate, misleading, pornographic, fraudulent, libelous, defamatory, offensive, threatening, vulgar, obscene, abusive or otherwise illegal content or content which infringes Intellectual Property Rights (as defined below) of third parties or their right for privacy or publicity; (xi) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of, the Services and/or any other software available on the Services or create derivative works thereof; (xii) create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself; (xiii) attempt to obtain private information from other users in any form or manner whatsoever; (xiv) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; (xv) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (xvi) use the Services with the intention of artificially inflating, deflating or altering the Services, including by way of creating separate user accounts for the purpose of artificially altering EZPowerAds's services; or participating in any other organized effort that in any way artificially alters the results of the Services; (xvii) interfere with or damage the Services, including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, bot, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Services; (xviii) remove any copyright, trademark or other proprietary rights notices contained in or on the Services; and/or (xviiii) remove, change or modify any trademarks from or attach any additional trademarks to the Services. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services. EZPowerAds does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Ownership of Proprietary Rights

All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or contained and/or subsisting in and/or attached/connected/related to the Services, including, without limitation, any underlying software (including the Implementation Code and the EZPowerAds Software), platforms, algorithms, technology, website design, any information, services, texts, files, sound, music, videos, content (other than the Submitted Information and Materials), various applications, social graphs, organization, structure, specifications, website "look and feel", features, and related content that may be created in connection with the use of or registration to the Services, including the selection and arrangement of any of the foregoing, any modifications, enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto (collectively, the "EZPowerAds IPR") are the property of EZPowerAds and/or its respective affiliates which retain all right, title and interest in connection therewith. No transfer or grant of any rights is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the EZPowerAds IPR or otherwise. In the event that by operation of law any of the EZPowerAds IPR is not owned in its entirety by EZPowerAds automatically upon its creation, then you hereby irrevocably assign, transfer, and convey to EZPowerAds the ownership of such EZPowerAds IPR, including all right, title, and interest in connection therewith, free of any charge. You agree to assist EZPowerAds, at EZPowerAds's expense, to obtain for EZPowerAds and enforce any Intellectual Property Rights for EZPowerAds IPR worldwide. You will execute any documents that EZPowerAds may reasonably request for use in obtaining or enforcing such EZPowerAds IPR and other legal protections. "Intellectual Property Rights" means worldwide (a) rights associated with works of authorship, designs and photography, including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered; (c) patents, patent applications and industrial designs; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

5. Suggestions

We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all right, title, and interest, including all Intellectual Property Rights, to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation to you or any other person.

6. User Warranties and Representations

You represent and warrant to EZPowerAds that: (a) you have, and will have at all times, all permits, licenses, and consents required in connection with the receipt and use of the Services (b) you and your use of the Services comply, and at all times, will comply with all applicable laws, rules, regulations, statutes, and ordinances; and the Site does not (i) contain any defamatory, libelous, or otherwise offensive content, (ii) contain or link to any obscene, pornographic, adult-only or sexual content, (iii) contain or link to any illegal, immoral, deceptive or fraudulent material, or material that encourages illegal or immoral conduct, (iv) contain or link to any racist or hate speech, or which promotes or endorses any violent acts, (v) post, transmit or send messages or emails in violation of applicable law or industry standards, (vi) contain or link to any material that infringes the intellectual property, moral or publicity rights of third parties, (vii) collect or use the data of end users in any manner not clearly and accurately disclosed pursuant to a privacy policy that complies with applicable law and regulations, or (viii) contain any worms, viruses, spyware, adware or other malicious or intrusive software.

7. Fees

In consideration for the use of the Services, you shall make payments of amounts set forth in the Order Form. AppendAd shall invoice you in respect of amounts payable hereunder at the end of each calendar month, and you shall make payment of all such amounts within 14 days of receipt of the applicable invoice. Amounts due hereunder are exclusive of VAT and applicable taxes. Fees paid hereunder are non-refundable. You shall make payments hereunder free and clear, and without deduction or withholding, except as required by law. If you are required by law to make any deduction or withholding, you shall make payment of such additional amounts as is necessary such that EZPowerAds shall receive the amounts due hereunder without any such deduction or withholding. Late payments shall bear interest at the rate of 18% per annum or, if lower, the maximum amounts permitted under applicable law.

8. Privacy

EZPowerAds's privacy practices are governed by EZPowerAds's privacy policy, the most updated copy of which can be found at http://ezpowerads.com/privacy ("Privacy Policy"). The Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers or other websites, or companies/people that EZPowerAds does not own or control, or does not employ or manage. EZPowerAds would like to emphasize that EZPowerAds is not and cannot be responsible for the content or the privacy policies of web sites to which it may link or websites that link to the Services. Insertion of the Implementation Code allows EZPowerAds to track certain data concerning the characteristics and activities of users of the Site ("Data") and such data is forwarded to EZPowerAds's servers for analysis and the generation of reports ("Reports") which may be viewed, including but without limitation through the Services. Such collection and use of the Data is an integral element of the Services, and you expressly consent to such collection and use of the Data in accordance with the Privacy Policy, as may be amended from time to time in EZPowerAds's sole discretion. You will obtain all permissions, authorizations and licenses required by applicable law for the transfer to and use by EZPowerAds of your end users' private identifiable information for the purpose of provision of the Services; The privacy policy of your site must clearly disclose to end users that you are using the Services, provide a link to the Privacy Policy, and include the above mentioned permissions and consent. EZPowerAds will continue to collect the Data in respect of your site so long as the Implementation Code is installed, even after termination of these Terms. As such, it is your sole responsibility to remove the Implementation Code if you wish to cease EZPowerAds's collection and processing of the Data.

9. Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR EZPowerAds IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION THE EZPowerAds IPR, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EZPowerAds DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. EZPowerAds DOES NOT WARRANT THAT THE EZPowerAds IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EZPowerAds DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING, THE EZPowerAds IPR AND/OR SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES AND/OR THE EZPowerAds IPR, OR THE USE OR THE RESULTS OF THE USE OF EZPowerAds IPR AND/OR SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES AND/OR EZPowerAds IPR, INCLUDING, WITHOUT LIMITATION, THEIR CORRECTNESS, SECURITY, COMPLETENESS, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE EZPowerAds IPR AND/OR ANY GOOD OR SERVICE OBTAINED THROUGH THE USE OF THE SERVICES AND/OR EZPowerAds IPR AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SUCH CLAIM, DAMAGE, LOSS, OR HAZARD. EZPowerAds EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT, THE SERVICES AND/OR EZPowerAds IPR WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE EZPowerAds IPR AND/OR SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, ANY INFORMATION OR MATERIALS OBTAINED THROUGH OR FROM THE EZPowerAds IPR AND/OR THE SERVICES WILL BE ACCURATE OR RELIABLE, ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED, AND THAT EZPowerAds WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SERVICES. EZPowerAds DOES NOT REPRESENT OR GUARANTEE THAT THE EZPowerAds IPR AND/OR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND EZPowerAds DISCLAIMS ANY LIABILITY RELATING THERETO. EZPowerAds DOES NOT GUARANTEE THAT THE REPORTS WILL BE COMPLETELY ACCURATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL EZPowerAds AND/OR ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND/OR SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND/OR LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, LOSS OF REVENUE, INCOME, GOODWILL, USE, DATA (OR CORRUPTION OF DATA), OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR PERSONAL INJURY OR PROPERTY DAMAGE, THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES AND/OR EZPowerAds IPR, AND/OR RELIANCE ON THE SERVICES AND/OR THE EZPowerAds IPR AND/OR YOUR INABILITY TO ACCESS AND/OR USE THE SERVICES AND/OR EZPowerAds IPR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY EZPowerAds AND/OR TO ANY OTHER MATTER RELATING TO THE SERVICES AND/OR EZPowerAds IPR. EZPowerAds AND/OR ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND/OR SUPPLIERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EZPowerAds'S REASONABLE CONTROL. IN NO EVENT SHALL EZPowerAds'S AND ITS AFFILIATES' TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES AND/OR EZPowerAds'S IPR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU HAVE ALL RESPONSIBILITY FOR ANY DECISIONS MADE AS A RESULT OF ANY REPORTS OR OTHER DATA OR INFORMATION PROVIDED BY EZPowerAds. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.

11. Indemnification

You agree to defend, indemnify and hold EZPowerAds and its affiliates, and their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers harmless from and against any losses, demands, expenses, liabilities, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any use of your account and/or your use of the Services; (ii) any misrepresentation made by you to any third party, (iii) your violation of any third party right, including, without limitation, any intellectual property, property, or privacy right; and (iv) your breach of these Terms.

12. Third party Content. Purchases

The Services may provide links to or feeds from websites and other online resources not hosted, owned or operated by EZPowerAds. Except as otherwise expressly stated by EZPowerAds on the Services, We do not control and are neither affiliated with nor responsible for the operators of any third party websites or other resources that link to or are linked from the Services, and We have neither reviewed nor endorsed such third party websites or other resources. You hereby acknowledge and agree that We shall not be responsible for the content, products, services or other materials available on or through such third party websites or other resources, or any loss or damages incurred in connection with such content, products, services or other materials. To the extent applicable, you are responsible for compliance with all applicable laws regarding content, products, services and other materials obtained from the Services or any third party websites or other resources that link to or are linked from the Services. In as much as you are redirected to linked sites, applications and content, We recommend you to carefully read the terms of use and privacy policies of such applications, sites and content. Some of the content and materials available through the Services may be provided by third parties. No reference made in or through this Services to any third party content (including Submitted Information and Materials and advertisements), commercial product, process, or service, or provider of such product, process or service ("Third Party Content") constitute or imply an endorsement, recommendation or favoring by EZPowerAds. Any opinions, advice, statements, content, services, products, offers, advertisements, or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of EZPowerAds and EZPowerAds does not endorse, promote, solicit or recommend them or any Third Party Content in any way nor shall EZPowerAds be responsible or liable for any of the foregoing. EZPowerAds is a mere conduit in respect of Third Party Content and is not obligated to screen Third Party Content and makes no warranties or representations as to, and shall have no liability for any of the foregoing. Without derogating from the foregoing, to the extent that you conduct any purchase through a third party interface or platform provided by and/or in and/or linked from the Services (such as, but not limited to, Stripe), such purchase and/or any use of such third party interface or platform shall be subject to the terms and conditions and privacy policy of and applicable to such third party interface or platform and not these Terms or the Privacy Policy. EZPowerAds is not and will not be responsible or liable for such third party service/interface/platform or any acts or omissions of such third party. We recommend you to carefully read the terms of use and privacy policy of such third party interface or platform. We reserve the right to discontinue or change any such third party interface or platform provided by and/or in and/or linked from the Services.

13. Notice and Takedown

In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, please file a detailed notice of complaint to EZPowerAds in the following email support@ezpowerads.com, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.

14. Termination

We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or the EZPowerAds IPR immediately (including, without limitation, the license set forth in Section 3.1 above), at our sole discretion at anytime and for any reason, including, but not limited to, technical difficulties or violation of these Terms . Upon termination, you shall immediately cease using the Services, pay EZPowerAds any applicable fees and payments due as of termination and the following Sections shall survive: 1, 2, 3.2, 4-15. Termination of your access to the Services shall also include removal of the historical Reports' data which shall no longer be available to you unless a purchase or professional services agreement for the exchange and transfer of such data is entered into as a component of termination. You agree that We shall not be liable to you or any third party for any termination/suspension of Your access to any of the Services. EZPowerAds may generally cease offering or deny access to the Services and/or the EZPowerAds IPR or any portion thereof, at any time and for any or no reason.

15. General

(i) These Terms shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of Tel-Aviv with regard to all claims arising out of, in connection with, or in any way relating to, these Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iii) You acknowledge and agree that EZPowerAds has the right, at any time and for any reason (or no reason), to discontinue the Services or any part thereof, or to redesign or modify the EZPowerAds IPR and other elements of the Services or any part thereof; (iv) this is the entire agreement between you and EZPowerAds regarding the subject matter herein; (v) EZPowerAds may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of EZPowerAds. Any unauthorized assignment will be void and of no force or effect; (vi) unless otherwise expressly provided, no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and EZPowerAds any rights, remedies or other benefits under or by reason of these Terms; (vii) the failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (ix) YOU AND EZPowerAds AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO HAVE WAIVED ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.

If you have any further questions or require further clarification, please contact us by sending an e-mail to: support@ezpowerads.com

Last updated: November 25, 2015