EZM INCORPORATED ("EZM") WEBSITE
TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE, PLACEMENT OF AN ORDER OR SERVICE SUBSCRIPTION INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE.
These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by EZM INCORPORATED.
The use of this site (EZM.com) is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to EZM indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by EZM.
Use of Site
EZM authorizes you to view and download the materials at this website ("Site") only for your personal, non-commercial use, provided that all copyright and other proprietary notices that are on the original materials are retained on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose. Using these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Disclaimers
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. EZM's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. EZM further does not warrant the accuracy and completeness of the materials, software or services at this Site. EZM may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and EZM makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Limitation of Liability
IN NO EVENT WILL EZM, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT EZM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, EZM shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. EZM shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, EZM shall immediately issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. EZM reserves the right at any time after receipt of your order to accept or decline your order for any reason. EZM reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $500.00 (U.S.) may be required to obtain pre-approval with an acceptable method of payment. We may require additional verifications or information before accepting any order.
Service and Support - Product Sales
Requests for technical support on 3rd party products should be made directly to the manufacturer in accordance with their terms and conditions.
Use of Software
Any software that is made available to download from this Site is the copyrighted work of EZM and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
User Submissions
EZM does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. EZM will have no obligations with respect to the Communications. EZM and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to EZM for the purpose of receiving products or services will be handled in accordance with the EZM Online Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
User Forums
EZM may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. EZM, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. EZM retains the right to remove messages that include any material EZM deems abusive, defamatory, obscene or otherwise unacceptable.
Links to Third-Party Websites
Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. EZM has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, EZM does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.
Trademarks
EZM and the names of EZM products referenced herein are trademarks and/or service marks or registered trademarks and/or service marks of EZM and/or its subsidiaries. MVision, MRoller, QuickDraw, QuickZip, Gemini are trademarks of EZM Incorporate. Patents pending.
IBM, the IBM logo, and ThinkPad are registered trademarks of IBM Corporation in the U.S., other countries, or both.
Connected and Connected TLM are trademarks of Connected Corporation.
iPass and the iPass Logo are registered trademarks of iPass Inc.
Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.
U.S. Government Restricted Rights
This Site contains confidential computer software and technical data. A valid License from EZM or its suppliers is required for possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under EZM's standard commercial license terms.
Sales Taxes
EZM shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and Connecticut. EZM shall automatically charge and withhold sales tax on charges relating to Services billed to customers with billing addresses in Connecticut. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped or services billed to any other state.
General
EZM administers this Site from its offices in Norwalk, Connecticut. EZM makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of laws.
EZM may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
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