Registration and Eligibility
To use some portions of the site you are required to be a registered User. We will open an individual User profile account when you register on EZlocal. If you open a User account, we will give you the ability to set up a profile for your business and use other features of EZlocal. In order to register with EZlocal, you must meet the following qualifications and agree to the following:
- You must be at least 18 years of age and have the legal capacity to agree to these Terms of Service.
- You must provide true, accurate, current and complete registration information.
- You agree to keep this information up-to-date.
- If you are registering on behalf of a business or entity, you must have the authority and all legal rights to act on behalf of such business or entity.
- You must only submit a business listing that is located in the USA.
We are not responsible if we are unable to communicate with you because you have not kept your registration information up to date. By accessing and/or registering for the use of EZlocal, you represent and warrant that (1) you have the authority and legal capacity to enter into the Agreement and follow its obligations, (2) you have the authority to bind your principal or employer company if you are applying on behalf of a business, and (3) you are providing true, complete and current information.
By registering with the site you agree that EZLocal reserves the right to terminate your User account, password, and business information if it is found that you provided false information and/or your actions violate the current agreement.
License and Authorized Uses
The EZlocal services and its Content are licensed, not sold. We grant you a non-exclusive, non-transferable, limited license to access and use EZlocal and the Content subject to the terms and limitations of this Agreement. Any use beyond this limited license is prohibited. You may create a profile only on your own behalf or on behalf of your business. Unless otherwise provided in any supplemental terms, you may download and temporarily store Content that you purchase to one computing device under your exclusive control. You may use such Content only (1) to display internally such Content for your internal business and research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. We do not authorize any other access and use of EZlocal not expressly provided in this Agreement.
Unauthorized Access and Use of EZlocal
You may not directly, indirectly or through any intermediary:
- Copy, scrape, crawl, mine, spider, record, aggregate, resell, retransmit, redistribute, modify, translate or otherwise create derivative works of EZlocal, its databases, Content, or its user IDs or passwords;
- Export or re-export EZlocal services or its technology and applications in violation of any United States export law or regulation;
- Violate the intellectual property rights, privacy rights or the rights of others;
- Violate applicable laws and regulations;
- Frame our websites, pages or other Content;
- Use any automated means to create one or more profiles or user IDs;
- Store or use our databases or Content to create an archival, searchable database of Content or compile data in a way that can be used by a competitive listing product or service;
- Use our data, information about our customers or Content to send spam, unsolicited communications or other mass communications to consumers or third parties;
- Use our trademarks, logos, or trade names without our express authorization to solicit your own customers, to imply any affiliation between you and us, or to make misrepresentations about EZlocal or us;
- Make excessive traffic demands on our computer networks, impair, damage, disable or otherwise attack EZlocal or our computer networks, or attempt to gain unauthorized access to EZlocal through any manual or automated means;
- Circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion or EZlocal or otherwise attempt to derive any source code or underlying ideas or algorithms of EZlocal;
- Remove any copyright, trademark or other proprietary rights notices;
- Impersonate any person, business or entity, including our company and our employees and agents;
- Intentionally or negligently mislead others;
- Create multiple listings for the same business;
- Create listings for the same business for each location served unless there is a legitimate location there; or
- Create profiles of a third party without the express authorization from such person or entity.
You are responsible for all activities under your membership account, including all legal liability incurred from the use of your profile by you or others. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through EZlocal. We are not responsible if your profile or account is compromised if any of your devices containing your profile (such as a mobile device) is lost or stolen. You are responsible for notifying us immediately if your profile has been compromised.
Important Terms About the Content You Post on EZlocal
EZlocal offers features where Contributors may post Content such as business profiles, ratings and comments on forums and discussion boards. You remain the owner of any Content you post on EZlocal. However, by submitting Content to EZlocal:
- You grant us, our affiliates, and distributors a perpetual, worldwide and royalty-free right to use, copy, store, display, perform, distribute, redistribute, syndicate, transmit, adapt and promote your Content, and any information contained within such Content, in any medium including, without limitation, the use of your user name and alias associated with your Content;
- You grant other users of EZlocal free permission to view and use your Content; and
- We own all rights in any compilation and collective works of Content as organized and presented on EZlocal and retained in our databases.
If you participate in any feature on EZlocal that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty-free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on EZlocal. We may refuse to publish, and may remove the Content from EZlocal at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.
In addition to the restrictions specified above, you may not use EZlocal to submit Content or engage in any conduct that:
- Posts or transmits any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
- Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, or other proprietary rights;
- Discloses anyone’s identification documents (such as driver’s license numbers, social security numbers, financial information, or other private or sensitive information;
- Is unlawful, threatening, abusive, harassing, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- Publishes falsehoods or misrepresentations that could damage any person or entity, or is otherwise defamatory, libelous or deceptive;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonates any person, business or entity, including without limitation, impersonating others to post favorable comments to your profile or business;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Violates any applicable local, state, federal, national or international law, statute, ordinance, or regulation including, without limitation, Credit Card Association rules, consumer protection laws, election laws, laws regulating tobacco-related products and electronic cigarette sales, and laws pertaining to unfair competition, false advertising and discrimination;
- Violates laws pertaining to securities and investment advising, including any rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, especially and including the rule against making false or misleading statements to manipulate the price of any security;
- Constitutes stock touting;
- Promotes any form of gambling or lottery type services not affiliated with a state-run lottery service;
- Promotes dating, escort, strip-tease acts or prostitution;
- Is associated with illegal telecommunications or cable television equipment;
- Is associated with the sale of (a) any controlled drug that requires a prescription from a licensed practitioner unless you are authorized by the National Association of Boards of Pharmacy to offer such products as a Verified Internet Pharmacy Practice Site and only if such a prescription has been issued by the practitioner after a bona fide examination of the patient; or (b) any over-the-counter drug, unless the sale of such product, without a prescription, has been approved by the Food & Drug Administration; or (c) nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval; or (d) any drug or controlled substance that EZlocal believes to be or may become harmful, unlawful, or prohibited;
- Violate Title IV of the Higher Education Act of 1965, Family Education Rights and Privacy Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, Fair Housing Act or the Fair Credit Reporting Act;
- Is associated with the sale of firearms;
- Involves posting “fake” endorsements or recommendations; or
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability.
You are solely responsible for backing up any Content that you store on any customizable area on EZlocal. We are not responsible for the loss of any data or Content you elect to store on EZlocal.
By submitting Content on EZlocal, (1) you represent and warrant that your Content is true, accurate, current, complete and that you own or have express permission to post the materials on EZlocal; (2) that you have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any securities laws; (3) in the event your Content contains the name, image, video, audio or participation by individuals, performers or entities other than you, that you have obtained such parties consent to their appearance or use of their contribution in the Content that you upload; and (4) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.
You acknowledge and agree that (1) all Content is the copyrighted work of EZlocal or its third party content suppliers and is protected by copyright laws, (2) EZlocal's name, the domain http://ezlocal.com, the logos, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of EZlocal (collectively, "Marks"), and (3) 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).
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.
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 (1) the Content is accurate or error-free; and (2) 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
In no event shall EZlocal, its affiliates, agents, suppliers, partners, information providers, and their respective officers, directors, employees, contractors and agents or any third parties mentioned at the website be liable for any damages whatsoever (including without limitation, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the website, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not ezlocal or such other parties are advised of the possibility of such damages. In no event shall EZlocal or the aforementioned parties be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the website or any of its content. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the website exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You acknowledge and agree that EZlocal is not responsible or liable for: 1) any viruses or other disabling features that affect your access to or use of the services, 2) any incompatibility between the web site or local web pages and other web sites, services, software and hardware, 3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the services in an accurate or timely manner, 4) any loss or liability resulting from errors, omissions or misstatements in any and all information or services provided by local to you, or 5) any losses, damages or costs of any type arising out of or in any way connected with your use of any services available from third parties through links contained on the local web pages. You agree that you must evaluate and bear all risks associated with the use of any content provided by local or any third parties, including any reliance on the accuracy or completeness of such content.
Modifications To This Agreement
Links; Third Party Services
We have no control over and are 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. Certain portions of the Services contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, "Third Party Services"). EZlocal provides access to these Third Party Services to you as a convenience only and EZLocal does not, in any way, control or manage such Third Party Services. As such, EZLocal is not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the Site, EZLocal is not endorsing or warranting such Third Party Services in any way. Furthermore, EZLocal does not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.