During registration, you will be required to provide contact information, consisting of an email address, username and password. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of IZ MARKETING, LLC and the Site such as our blogs. IZ MARKETING, LLC reserves the right to reject or remove any username.
For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.
- Age of Users
Please see our Privacy Policies for our COPPA policy for minors.
- Non-Commercial Use This Site and its contents are for your own personal non-commercial use only.
- Additional Terms and Conditions for Software; EULAs
When you [download and/or install and use IZ MARKETING, LLC’s downloadable software] [register for or purchase the Site’s services], you will be required to agree to one or more End-User License Agreements (or “EULAs”) which may include additional terms. You will be bound by any EULA that you agree to.
- IZ MARKETING, LLC Privacy Statement
Personal information that you supply to IZ MARKETING, LLC, and any information about your use of IZ MARKETING, LLC that we obtain will be subject to the IZ MARKETING, LLC Privacy Statement on this Site.
- Changes to IZ MARKETING, LLC
- Proper Use of This Site
When you use our blogs or other social and communications functions, you agree at all times to comply with the IZ MARKETING, LLC Community Guidelines, which you may access with the Community Guidelines link on the Site. You may use IZ MARKETING, LLC for lawful purposes only and may use the Site only in ways consistent with the law.
- Proprietary Rights
Except as IZ MARKETING, LLC may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from IZ MARKETING, LLC or its suppliers on the Site without our express prior written consent.
- Electronic Delivery Statement and Your Consent
- Content That You Supply
IZ MARKETING, LLC may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed.
If you post any content on any blog or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
- No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
- Third Party Sites and Advertisers
IZ MARKETING, LLC may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that IZ MARKETING, LLC is not responsible for any claim or loss due to a third party site or any advertiser.
- Browsewrap and Clickwrap
IZ MARKETING, LLC
- Disclaimer of Warranties
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
- Limitation of Liability
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
- Choice of Law and Location for Resolving Disputes
It requires that any and all claims must be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. These limitations apply to any claims against Priceline, its subsidiaries or affiliates, any travel service providers or companies offering products or services through the Site.
In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. The arbitrator’s decision will generally be final and binding, with no right of appeal. Arbitration procedures are simpler and more limited than court procedures.”
[Comment: You may want to select arbitration to resolve any disputes with users. Be aware that (as discussed in Chapter 16), the courts have sometimes declined to enforce these arbitration clauses because arbitration fees are too high or because the location is inconvenient. The following text seeks to provide means to manage both issues—by providing the arbitrator the right to allocate the fees to IZ MARKETING, LLC and permitting the arbitration to be done by phone or online.]
- Binding Arbitration
You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, IZ MARKETING, LLC will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and IZ MARKETING, LLC may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.
You agree to give us an opportunity to resolve any problem, dispute, or claim relating in any way to the Sites and/or any of its related applications or services; any dealings with IZ MARKETING, LLC. If we are unable to resolve your Claims within 60 days, you may seek relief through arbitration or small claims court, as set forth below.
This Agreement shall be governed by the laws of the State of Kentucky, United States of America, without regard to conflict of laws. All Claims or other matters in dispute between you or any Third-party and IZ MARKETING, LLC, its subsidiaries or affiliates, or any providers or companies offering products or services through the Site, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of Kentucky, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
- Severability and Integration
- Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement. See the Copyright link on our home page.
Copyright © 2021 IZ MARKETING, LLC, Inc. All Rights Reserved.