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Terms of Use

Last Updated: October 27, 2017

 

The following describes the terms applicable to the use of the Ezassi website (the “Site”). Your use of the Site forms a legally binding contract with Ezassi, Inc (“Ezassi” or “us”) based on these Terms of Use. If you have registered as a member, you will be bound to these Terms of Use as well as additional terms in any applicable Challenge-Specific Agreement. PLEASE READ THE FOLLOWING CAREFULLY. If you do not accept the Terms of Use as stated here, do not use the Site. Ezassi may revise these Terms of Use at any time by posting an updated version to this Web page.

 

User Registration. To use the Site, you must register as a member. Your site usage membership will remain active until cancelled. You may cancel your membership at any time by contacting info@ezassi.com. As part of the registration process, you will select a password and a login name. You may not use a login name of another entity or person. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. You agree to notify Ezassi at info@ezassi.com any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You will be responsible for maintaining the confidentiality of your password(s). You represent and warrant that any information that you input into the Site is accurate to the best of your knowledge.

 

The Site. This Site provides a service (“Service(s)”) whereby Ezassi posts a challenge(s) for one or more of their clients. Ezassi will use diligent efforts to maintain the Site; however, operation of the Site and Services available over the Internet may be interfered with by numerous factors outside of Ezassi’s control and it cannot guarantee continuous, uninterrupted access to such Services. Ezassi reserves the right to add, delete or change Services available through the Site at any time.

 

Eligibility. This Site is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site.

 

Your Information. Any information you provide to Ezassi during your registration or use of Ezassi Services, is subject to the following:

  • Your Content. You are solely responsible for the content of your information or Proposed Solutions. Ezassi acts merely as a conduit for the distribution and/or publication of that information. Ezassi reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if Ezassi believes information is inappropriate for the Site or the Services, may create liability for Ezassi, or may cause Ezassi to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers. You agree that your information will be accurate and will not, to the best of your knowledge: (a) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (c) be libelous, unlawfully threatening, or unlawfully harassing. You may be asked to make legally binding warranties and representations to Ezassi and the Seeker in relation to any proposed solution that you submit in response to a challenge (each, a “Proposed Solution”).
  • Privacy. Ezassi will only use your information in accordance with its Privacy Policy as posted on the Site http://ezassi.wpengine.com/about-ezassi/privacy.

 

Responses to Challenges. If you respond with a submission or Proposed Solution to any posted challenge you agree that all information provided to Ezassi as part of your registration and your submitted response can be shared with the party posting the challenge. You agree that all submissions or Proposed Solutions are voluntary and submitted on a NON-CONFIDENTIAL basis on your part and that no confidential or contractual relationship is to be established by the submissions or implied from consideration of the submissions. Ezassi will consider this information otherwise private and will not share this information with any party other than the party posting the challenge.

 

Ownership and Limited License. (a) Ezassi shall retain all ownership in the Site and all content generated by it that is displayed on the Site. Ezassi grants you a nonexclusive, revocable right to use the Site provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify your self-generated content on the Site. The license granted to you by Ezassi is a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Ezassi. This license does not include any copying or distribution, resale or commercial use of this Site or its contents; any collection and use of any Challenge listings, descriptions, or Awards; any derivative use of this Site or its contents; any downloading or copying of Challenge information for the use or benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ezassi. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including challenge descriptions, images, text, page layout, or form) of Ezassi without express written consent. You may not use any meta tags or any other “hidden text” utilizing Ezassi’s name or trademarks without the express written consent of Ezassi. Any unauthorized use terminates the permission or license granted by Ezassi. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ezassi.com so long as the link does not portray Ezassi, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Ezassi logo or other proprietary graphic or trademark as part of the link without express written permission.

 

System Integrity/Compliance. You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of any feedback system, such as: leaving feedback for yourself; leaving feedback for other users using secondary accounts or third parties; or leaving feedback intended to influence action that is outside the scope of the Site. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Services and transfers of technologies in which you are involved, including without limitation all applicable import/export requirements, and Ezassi will have no responsibility with respect thereto.

 

Proprietary Rights/Copyright. All rights in and to the methodologies used and materials provided in connection with the Services are proprietary to Ezassi. The materials utilized by Ezassi in rendering Services are protected by copyright, both with respect to individual content and as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, create derivative works from, distribute or otherwise exploit any of the Ezassi methodologies or materials without our prior written consent. You agree to comply with all copyright and proprietary rights notices contained on or in any Ezassi materials or information obtained or accessed through the Services.

 

No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS”. EZASSI MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.

 

Limited Liability. Ezassi has no control over, and is not responsible for the acts or omissions of Challenge Listers, or the quality or legality of the Proposed Solutions sought thereby. Ezassi does not warrant or guarantee the accuracy or completeness of any Challenge Statement, nor endorse any Challenge Lister. EZASSI SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL EZASSI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES IN EXCESS OF $100 REGARDLESS OF THE CAUSE. You agree that you will be responsible for, and at Ezassi’s request defend Ezassi from, third party claims arising out of information you provide to Ezassi for publication or any breach by you of this agreement.

 

Digital Millennium Copyright Act (“DMCA”). Ezassi, Inc complies with the provisions of the DMCA. If you have a concern regarding the use of copyrighted material on the Site, please contact the agent designated to respond to reports of alleged copyright infringement. The designated agent for Ezassi is Jennifer S. Creech, 6816 Southpoint Parkway, Suite #600, Jacksonville, Florida 32216, j.creech@ezassi.com. Under the DMCA, all infringement claims must be in writing, and must include the following: (i) a physical or electronic signature of the copyright holder or person to act on their behalf; (ii) a description of the copyrighted work claimed to have been infringed, or if multiple works may have be covered, a representative list of such works where the copyright is claimed to be infringed; (iii) a description of the material that is claimed to be infringing of the copyrighted work; (iv) information reasonably sufficient to allow Ezassi to contact you, which should include your address, telephone number, and an e-mail address; (v) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or applicable law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

General. This Agreement shall be interpreted in accordance with the laws of the State of Florida, United States of America (excluding any rules governing choice of laws) and any legal proceeding arising out of this Agreement will exclusively occur in Jacksonville, Florida. You and Ezassi expressly agree that in the event that there is a dispute, that such dispute will be resolved by a judge only, and each party expressly waives their right to a trial by jury. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Ezassi and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by Ezassi with respect to the subject matter except as set forth herein. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law. The governing language of these Terms of Use, each Solver Agreement or Challenge-Specific Agreement, and the Privacy Policy is English.