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Terms & Conditions

Legal Information

GENERAL TERMS AND CONDITIONS INTRODUCTION

Welcome to eZfireplan.com, owned and produced by Critical Software Solutions Corporation and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "eZfireplan"). eZfireplan currently consists of various web pages at or linked to the URLs www.eZfireplan.com, collectively referred to as the "eZfireplan Network," which may expand or change from time to time). Unless explicitly stated otherwise, any new Products and Services (as defined below), including the addition of new eZfireplan Network properties shall be subject to these Terms and Conditions.

This software application is provided as a productivity tool and data storage service to our clients and subscribers. It contains a summary of current fire safety requirements and general information needed in the fire safety planning process. The software is intended to be general in nature and should not be considered as a substitute for the advice of a professional fire safety services firm or consulting engineer. Users are cautioned not to act on information provided in this software application without seeking specific professional advice with respect to their unique circumstances. As with any fire plan, submission for review and approval must be made to the local AHJ, (Authority Having Jurisdiction). While this tool will guide you through the process of developing a fire safety plan the responsibility for final approval by the AHJ is based on the completeness and correctness of the information input by the user.

eZfireplan makes available a variety of products and services through the eZfireplan Network (collectively, the "Products and Services") subject to these General Terms and Conditions ("Terms and Conditions"). In addition, there are a variety of special products and services offered through the eZfireplan Network that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the eZfireplan Network that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. eZfireplan also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of the eZfireplan Network. In addition, the eZfireplan Network also may offer other services from time to time that are governed by the terms of service of the respective service partners.

Because the Terms and Conditions contain legal obligations, please read them carefully.

Please direct any legal questions to:

General Counsel
eZfireplan, Inc.

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.

1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual eZfireplan Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that eZfireplan may terminate your access to the eZfireplan Network or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by eZfireplan. Any such termination shall be in eZfireplan' sole discretion and may occur without prior notice, or any notice. eZfireplan further reserves the right to terminate any user's access to the eZfireplan Network or to any of the Products and Services for any conduct that eZfireplan, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to eZfireplan or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. eZfireplan further reserves the right to terminate any user's access to the eZfireplan Network or to any of the Products and Services for any reason or for no reason at all, in eZfireplan' sole discretion, without prior notice, or any notice.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.ezfireplan.com/ or another of the URLs associated with the eZfireplan Network.

eZfireplan does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various eZfireplan Network registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or eZfireplan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eZfireplan has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All eZfireplan Network registrations become the exclusive property of eZfireplan, its affiliates and subsidiaries. eZfireplan reserves the right to use and reuse all registration and other personally identifiable user information subject to the eZfireplan Network Privacy Policy.

4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor.

5. MEMBER AND USER CONDUCT
Upon registering, you will receive a password and eZfireplan Network ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify eZfireplan of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The eZfireplan Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the eZfireplan Network, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The eZfireplan Network does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the eZfireplan Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, eZfireplan does not pre-screen user or third party Content posted on the eZfireplan Network, except for certain areas where eZfireplan employs certain automated screening software, although eZfireplan reserves the right to do so. eZfireplan does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. eZfireplan reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by eZfireplan.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. The intended purpose of site building software on the eZfireplan Network is to maintain, publish and produce web sites on the eZfireplan Network that are consistent with these terms and conditions.

Prohibited Conduct
You agree that you will not use eZfireplan Network Products and Services to:
a. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.

b. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.

c. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.

d. Harm minors in any other way.

e. Make any sexual request on behalf of a minor or make any sexual request of a minor.

f. "Stalk" or otherwise harass another.

g. Collect or store personally identifying information about other users for commercial or unlawful purposes.

h. Impersonate any person or entity, including, but not limited to, a eZfireplan Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

i. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.

j. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

k. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.

l. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

i. Making available copyrighted software or other Content that has had the copyright protection removed.
ii. Making available serial numbers for software that can be used to illegally validate or register software.
iii. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
iv. Making available any software files for which the user does not own the copyright or have the legal right to make available.

m)Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.

n. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or the eZfireplan Network.

o. Use automated means, including additional computers, software and scripts, to enhance play in eZfireplan Network games and promotions.

p. Use automated means, including spiders, robots, crawlers, or the like to download data from any eZfireplan Network database.

q. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any eZfireplan database, including, without limitation, by incorporating data from any eZfireplan database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.

r. Sell, distribute, or make any commercial use of data obtained from any eZfireplan database or make any other use of data from any eZfireplan database in a manner which could be expected to offend the person for whom the data is relevant.

s. Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

t. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.

u. Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.

v. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.

w. Access the Products and Services after your account or access has been terminated by eZfireplan.

x. Fail to complete any transaction after submitting an order to purchase any goods or services from individual Merchants in eZfireplan Shop ,subject to the individual Merchant's or seller's terms and conditions governing such transactions.

y. Submit any order to purchase goods or services from individual Merchants in eZfireplan Shop.

z. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.

aa. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of eZfireplan or the party from whom such software may be licensed.

ab. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.

You acknowledge and agree that the eZfireplan Network and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation eZfireplan and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by eZfireplan, in its sole discretion. eZfireplan may also terminate access to, or membership in, the eZfireplan Network, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You expressly acknowledge and agree that the eZfireplan Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of eZfireplan, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by eZfireplan with regard to its users may be disclosed in accordance with eZfireplan' Privacy Policy.

eZfireplan also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a eZfireplan Mail account may be terminated or suspended if a user fails to sign-in to the eZfireplan Mail Service for an extended period of time; please see the eZfireplan Mail Help section for more information regarding eZfireplan Mail 's policies concerning account termination. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

Please read the entire Terms and Conditions as all eZfireplan Network properties, Products and Services are subject to these Terms and Conditions.

6. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, eZfireplan DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, eZfireplan DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. eZfireplan SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT eZfireplan DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. eZfireplan DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. eZfireplan DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. eZfireplan MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY eZfireplan.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL eZfireplan OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF eZfireplan OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE eZfireplan NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE eZfireplan NETWORK. WITH RESPECT eZfireplan.COM AND FIRST SENTINEL TECHNOLOGIES INC.'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE MEMBER'S MOST RECENT MEMBERSHIP FEE PAYMENT. FOR ALL CLAIMS RELATING TO eZfireplan.COM'S PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS FOR FAILURE OF THE SYSTEM TO OPERATE, IN NO EVENT SHALL THE LIABILITY OF FIREST SENTINEL TECHNOLOGIES INC. OR eZfireplan, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE FEE, IF ANY PAID BY THE USER FOR THE SYSTEM.

UNDER NO CIRCUMSTANCES SHALL eZfireplan OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

8. REMOVAL OF LINKS
The eZfireplan Network occasionally receives requests from people to remove links from the eZfireplan Network search services. Although the eZfireplan Network reserves the right to address such requests individually, the general approach that the eZfireplan Network takes reflects the following principles: The catalogs and databases used in connection with the eZfireplan Network search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, the eZfireplan Network cannot and does not screen anything made available through the eZfireplan Network search services' catalogs and databases. In other instances, the eZfireplan Network makes available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in the eZfireplan Network are compiled by third parties through automated processes. However, if the operator of the site does not take steps to prevent it (i.e. make use of the Robots.txt file or Robots Meta tags), the automatic facilities used to create the catalogs and databases are likely to find it and index it again in a relatively short amount of time.

9. DISCLAIMER REGARDING THIRD PARTY CONTENT
The eZfireplan Network offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, eZfireplan has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the eZfireplan Network or provided to the eZfireplan Network by third parties, eZfireplan may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the eZfireplan Network from such sources is developed by people over whom the eZfireplan Network exercises no control. The search results that appear from the catalogs indexed by the eZfireplan Network's spiders or web robots are automated, and the eZfireplan Network cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by the eZfireplan Network are posted by third parties, and, with the exception of certain automated screening functions, eZfireplan cannot and does not screen such web pages before they are made accessible to other users of the eZfireplan Network. Accordingly, neither the eZfireplan Network nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the eZfireplan Network web sites or in any web page hosted for a third party within the eZfireplan Network. In instances where the eZfireplan Network does review the sites that are displayed in directories, indices, and/or references, or where the eZfireplan Network makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by eZfireplan, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

10. STORAGE
Many features of the eZfireplan Network store information on behalf of users. Examples include, but are not limited to, email messages, chat, web pages, message boards, calendar functions, and postings on eZfireplan. eZfireplan reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive.

Please read the entire Terms and Conditions as all eZfireplan.com properties, Products and Services are subject to these Terms and Conditions.

11. eZfireplan SHOPPING
eZfireplan Shopping ("eZfireplan Shopping") is made available only to those users who are of the legal age of consent in their jurisdiction. You may not use eZfireplan Shopping if you have not reached that age or, in any event, if you are less than eighteen (18) years old..

LIKE OTHER AREAS OF THE eZfireplan NETWORK PRODUCTS AND SERVICES, YOUR USE OF eZfireplan SHOPPING IS SUBJECT TO THE CAPITALIZED LANGUAGE SET FORTH ABOVE REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY. PLEASE RE- READ THOSE PROVISIONS CAREFULLY.

As with all other aspects of the Products and Services, by using eZfireplan Shopping, you hereby agree that you shall be responsible for all tax obligations and costs that arise from or relate to your use of eZfireplan Shopping, including, without limitation, tax obligations and costs for any transactions that arise from or relate to your use of eZfireplan Shopping.

12. DISCLAIMER REGARDING MULTIMEDIA SEARCH AND OTHER PICTURES, MOVIES, STREAMS AND SOUNDS LOCATED THROUGH THE eZfireplan NETWORK SEARCH SERVICES
Pictures, movies, streams, and sounds (the "Multimedia Content") located through the eZfireplan Multimedia Search and other eZfireplan Network search services are protected by copyright and/or other intellectual property laws. eZfireplan does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the eZfireplan Network, all of the Multimedia Content contained on such sites is owned and served by entities other than the eZfireplan. The eZfireplan Network provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through our site for commercial or noncommercial purposes, we strongly suggest that you contact the server of the Multimedia Content for permission to use the Multimedia Content.

13. eZfireplan NETWORK IMAGE GALLERY
LIMITED LICENSE: Use of the eZfireplan Image Gallery indicates your acceptance of the following terms and conditions and the eZfireplan Network Terms and Conditions. The images made available through the eZfireplan Image Gallery are copyrighted images which may also be subject to certain other legal rights. You may only utilize each image for personal, home use or for any of the following purposes: criticism, comment, news reporting, teaching (includes multiple copies for classroom use), scholarship or research. You may not create derivative works from an image, display or distribute copies of it, publish it, use it in a performance, or modify it in any manner except size. You may not distribute or sublicense the images nor use the images in any commercial, advertising, marketing or professional manner whatsoever. Neither eZfireplan nor our photo providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the images displayed on the eZfireplan Image Gallery.

14. THE eZfireplan COMPUTERS DOWNLOAD AND SHAREWARE
The eZfireplan Computers Download and Shareware allows you to search for software that has been made available for downloading by various third parties. All such software is provided by entities other than the eZfireplan. eZfireplan makes no warranties regarding such software and disclaims all responsibility for such software. IF YOU INTEND TO DOWNLOAD SUCH SOFTWARE, YOU SHOULD CAREFULLY RE- READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance to you. The eZfireplan Network makes its eZfireplan Computers Download and Shareware available subject to all of these Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above. eZfireplan cannot guarantee that any software downloaded through eZfireplan Computers Download and Shareware will meet any user's needs, standards, or desired specifications. Although the software available in eZfireplan Computer Download and Shareware has been screened for recommendations and viruses, eZfireplan cannot guarantee that this screening has been performed to the user's satisfaction. eZfireplan cannot and does not guarantee that such software will be free from viruses or errors. If you download such software, you shall bear all risk of viruses, errors, or damage and all other risks resulting from such downloading.

15. PROFESSIONAL INFORMATION DISCLAIMER
The eZfireplan Network makes available certain information provided by third parties related to various professional fields such as medicine, law, and engineering. The eZfireplan Network does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through the eZfireplan Network is made available subject to The eZfireplan Network' Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above.

THE eZfireplan NETWORK STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.

16. OPEN DIRECTORY DISCLAIMER
The eZfireplan Network makes available certain content through the Open Directory. The directories, and the underlying content, are created entirely by other parties and are solely the responsibility of such other parties. Consequently, eZfireplan cannot, and does not, represent or warrant the reliability, accuracy, and truthfulness of that content. Although periodically eZfireplan may attempt to verify the accuracy of information contained in the Open Dirctory, neither the eZfireplan Network nor its agents shall be held liable for any technical inaccuracies, typographical errors or inaccuracies in any information in the Open Directory. In addition, the eZfireplan Network has no control over whether that content is of a nature that users will find inoffensive, tasteful and otherwise acceptable. The eZfireplan Network has NO responsibility for such content; rather, it is merely providing access to such content as a service to you. You should exercise appropriate discretion, good judgment and caution in accessing content on the Open Directory and in taking any actions based upon that content. You bear all risk associated with any content that you access. Your accessing of any content through the Open Directory service is subject to your agreement to these Terms and Conditions. If you proceed to use the Open Directory service, you thereby agree to be bound by these Terms and Conditions. The disclaimer of warranties and limitation of liability set forth in Sections 6 and 7 apply to the Open Directory service.

17. ADVERTISERS AND CONTENT LINKED TO THE eZfireplan NETWORK
eZfireplan may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the eZfireplan Network to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. eZfireplan has no control over such sites and resources. You acknowledge and agree that eZfireplan is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that eZfireplan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the eZfireplan Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that eZfireplan shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

eZfireplan encourages you to exercise discretion while using the Products and Services to browse the Internet. eZfireplan may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. eZfireplan makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the eZfireplan Network web sites. eZfireplan shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the eZfireplan Network' search results or otherwise linked to the eZfireplan Network web sites or provided to the eZfireplan Network by third parties.

18. THE eZfireplan NETWORK LOGOS AND SEARCH BOXES
a. Linking to the eZfireplan.com
The eZfireplan.com offers a non-assignable, non-transferable, and non-exclusive license to link to the eZfireplan Network' web sites, using the eZfireplan.com logos and search boxes, subject to the following provisions. The eZfireplan.com logos and search boxes may be placed on a Web site for the sole purpose of creating a link to the eZfireplan.com and allowing users of your site to access the Products and Services on the eZfireplan.com. The eZfireplan.com logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by the eZfireplan.com. The eZfireplan.com logos and search boxes may only be used in accordance with the eZfireplan.com guidelines and only be used in the exact size, shape, colors, design, and configuration as found on those web pages. The eZfireplan.com logos and search boxes may not be altered in any manner. The eZfireplan.com logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The eZfireplan.com logos and search boxes may not be used to disparage the eZfireplan Network, its products or services, or in a manner which, in eZfireplan's reasonable judgment, may diminish or otherwise damage eZfireplan's good will in the eZfireplan.com logos.. eZfireplan reserves the right to take action against any use that does not conform to these provisions.

b. Permissions
If you would like permission to use any eZfireplan trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please contact eZfireplan.com.
The Permissions Agent will contact you with the Permission Form. Your request will be processed once we receive your completed Permission Form. Please note that eZfireplan grants permission only on a per- item, per-project basis.
Your request will be processed once we receive your completed Permission Form. You will typically receive a response within ten (10) business days. If your request is approved, that approval will be expressly subject to the above-referenced Guidelines as well as all additional terms set forth in eZfireplan' Permission Approval Letter.

 

19. NO LICENSE; INTELLECTUAL PROPERTY OF eZfireplan AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the eZfireplan Network's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the eZfireplan Network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of eZfireplan and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by eZfireplan in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by eZfireplan, any of eZfireplan' affiliates, or any of eZfireplan' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the eZfireplan Network of any purpose other than the purpose for which such Content is made available to users by eZfireplan. You agree not to defame or disparage eZfireplan, the trademarks or service marks of eZfireplan, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the eZfireplan Network.

20. INDEMNITY AND RELEASE
By using the eZfireplan.com web sites you agree to indemnify eZfireplan.com. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the eZfireplan.com web sites, your use of the Products and Services, or your submission of ideas and/or related materials to eZfireplan or from any person's use of any account or password you maintain with any portion of the eZfireplan.com regardless of whether such use is authorized by you. By using the eZfireplan.com, using the Products and Services, or submitting any ideas and/or related materials to eZfireplan, you are hereby agreeing to release eZfireplan and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to eZfireplan.

21. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the eZfireplan Network or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

22. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of the eZfireplan Network to respond expeditiously to claims of intellectual property infringement. eZfireplan will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the eZfireplan Network will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The eZfireplan Network will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:

Please put "Notice of Infringement" in the subject line of all such notifications. When eZfireplan removes or disables access to any material claimed to be infringing, eZfireplan may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although eZfireplan makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. eZfireplan will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before eZfireplan replaces or restores access to any material as a result of any counter notification.

23. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
The eZfireplan Network reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The eZfireplan Network reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

24. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between eZfireplan' representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual eZfireplan Network web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

25. NON-WAIVER AND SEPARABILITY
eZfireplan' failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

26. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and eZfireplan are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

27. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of eZfireplan.

28. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

29. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by eZfireplan. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

30. COMMUNICATIONS WITH USERS
You consent to receive communications from eZfireplan concerning your use of the Products and Services ("Communications"). The Communications may be those that eZfireplan is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that eZfireplan sends to you for other reasons. You consent to receive Communications electronically. eZfireplan may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on the eZfireplan Network. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which eZfireplan sends Communications by visiting your account information page.

In order to receive Required Communications, you must provide eZfireplan, upon registration with the eZfireplan Network, a valid email address to which eZfireplan may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. eZfireplan will provide notice of any changes to these requirements.

31. SUBMISSIONS OF IDEAS
The eZfireplan Network is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the eZfireplan Network, we would like to hear them, but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO eZfireplan BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO eZfireplan, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO eZfireplan THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT eZfireplan IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY eZfireplan, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

32. VIOLATIONS OF TERMS AND CONDITIONS Should you violate these Terms and Conditions or any other rights of eZfireplan and the eZfireplan Network, eZfireplan reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the eZfireplan Network web sites.

If you are aware of any violations of these Terms and Conditions, please report them to:

eZfireplan.com

Please read the entire terms and conditions, as all eZfireplan Network properties, Products and Services are offered subject to these Terms and Conditions.

We hope your enjoyment of eZfireplan' Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the eZfireplan community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services