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Ezleads Terms And Condition

1. Accepting These Terms

These Terms of Use (“Terms”) are a legally binding agreement between you (“you” or “your”) and by EZLeads Management, Corp (“EZ Lead”) including each and every of its owners, agents, officers, directors, shareholders, employees, contractors, sub-contractors, independent contractors, partners, members, managers, parents, subsidiaries and affiliates (together, “the EZ Lead Representatives”, “we” or “our”). The Terms set forth your rights and responsibilities when you use any of the tools, features, and services (collectively, the “Services”) provided through any EZ Lead website or mobile site, including, without limitation, our website (“Website”) and web-based and mobile applications (“Apps”) that reference or link to these Terms. You agree to be bound by these Terms and our Privacy Policy (“Privacy Policy”) when you access or use one or all of the Services.Please note that Section 13 contains a JURY TRIAL and CLASS ACTION WAIVER. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION(S) AND/OR REPRESENTATIVE ACTION(S).

2. Your Use of EZ Lead’s Services

You may only use the Services if you are at least eighteen (18) years old and possess the legal capacity to form a binding agreement with EZ Lead. If you are accessing and using the Services on behalf of an entity, you must have the authority to agree to these Terms. If you do not have the required legal capacity or authority, or if you do not agree to abide by or be bound by these Terms and our Privacy Policy, please do not access, use, or register for any of our Services.

The Services include tools that may help you: (i) Buy a vehicle, such as by allowing you to search our inventories of vehicles, assisting you with obtaining financing, or arranging for delivery of the selected vehicle(s) (where available); (ii) Sell a vehicle, such as by allowing you to submit information regarding your vehicle(s) for appraisal, which may or may not lead to EZ Lead purchasing your vehicle(s); and (iii) Submit Content, such as by allowing you to connect with EZ Lead (the “Interactive Areas”), and share information, recommendations, and reviews. Any content that you submit through the Interactive Areas shall be called “Submissions”. Submissions are further described below.

3. Your Account with EZ Lead

You are responsible for your acts and the acts of others utilizing your Account. You must immediately notify EZ Lead of any unauthorized use of your Account or breach of its security.

A.Opening an Account - We may require you to open an Account by providing EZ Lead with certain requested information. You must provide EZ Lead with accurate and complete information and keep it updated. You may not open more than one Account; EZ Lead reserves the right to close any duplicate accounts. You are responsible for maintaining the confidentiality of your password and log-in details. EZ Lead will not be responsible for any damage that is caused to you or others under your Account. Similarly, without authorization, you must not use the Account of any other person or entity.

B.Closing Your Account - To close your Account, contact us through the “Contact Us” portal of the Website with sufficient information to identify the Account you would like to close. Once an Account is closed, its information may be retained, deleted, or made unavailable. EZ Lead is not responsible for any information, content, or submissions that are lost due to the closing of an Account.

4. Content and Information on the Services

A.Content Accessible Through the Services - The Services include our proprietary content and the licensed content of others, which may include data, text, photographs, videos, audio clips, written posts and comments, logos, button icons, data compilations, software, scripts, graphics, illustrations, interfaces, GUI and interactive features, as well as other resources (such as FAQs, articles, or support services), and all related documentation, know-how, specifications, materials and designs of the Services (collectively, the “Content”).

B.Information Received Through the Services - Any information you receive through the Services is provided “as is” and “as available”. We cannot guarantee that any information is correct or up-to-date. EZ Lead is not responsible for any typographical errors or omissions relating to pricing, text, photography or any other information included in the Services. EZ Lead reserves the right to refuse or cancel any orders placed for products, services, or vehicles at incorrect prices, regardless of whether the orders have been confirmed and/or payment has been made. If payment was made prior to cancellation, EZ Lead will issue a refund of the payment after deducting any applicable transaction or other fees. If you spot any materials or information that you believe to be inaccurate, please contact us through the “Contact Us” portal of the Website, briefly describing the inaccuracy.

5. Rules and Regulations

If we have reason to believe you are breaking the law, being inappropriate, or abusing our infrastructure, we may stop you from accessing the Services. Your breach of these Terms or our Privacy Policy also may expose you to civil or criminal liability.

A.Responsibility for Your Submissions - Your Submissions include content that you (i) post to Interactive Areas or on our branded social media pages on third-party services, and (ii) tag us, our products, or our services in, including on your social media accounts on other services. You are entirely responsible for your Submissions. Any and all Submissions posted, viewed, or accessed are at your own risk. EZ Lead makes no express or implied warranty about the accuracy, copyright compliance, legality, or any other aspect of any Submissions. Without limiting the foregoing, you may not use the Services to submit or upload any Submissions: (i) relating to a vehicle, if (a) you are not the legal owner of the vehicle, (b) the vehicle is not registered in your name, or (c) you do not otherwise have the legal right to sell such vehicle; (ii) if the purpose of doing so is to compete with EZ Lead or the Services; (iii) that contain unsolicited promotion, advertising, contests, or raffles; (iv) that are fabricated, false, illegal, misleading, inaccurate, disparaging, offensive, or inappropriate; (v) that infringe or violate any intellectual property or other rights of EZ Lead or any third party, or violate any law, rule, regulation, or contractual duty; (vi) that include a person’s or entity’s identification documents or sensitive financial information if you do not have the requisite authority or permission; (vii) that violate any other restrictions we provide to you; or (viii) that are on behalf of another person, if such other person would violate any of the above restrictions. EZ Lead has no obligation to review, edit, or delete Submissions, but we reserve the right to do so, for any reason or no reason, in our sole discretion. In addition, EZ Lead may limit the size and storage spaces available for Submissions.

B.Other Prohibited Conduct - You also may not do any of the following through the Services: (i) falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, or express or imply that EZ Lead endorses you, your vehicle, or your business; (ii) use the Services in any way that is immoral, unauthorized, or illegal; (iii) use the Services in any way that is racist, sexist, homophobic, inflammatory, defamatory, harassing, misleading, invasive of EZ Lead’s or another’s privacy or publicity rights, or is otherwise offensive or objectionable; (iv) use the Services in any way or for any purpose that in our sole discretion is likely to harm EZ Lead or the EZ Lead Representatives; (v) attempt to interfere with or disrupt the ability to access the Services, the operation of the Services, or the servers or networks that host them; (vi) remove or disassociate from the Content or the Services any restrictions or signs indicating proprietary rights of EZ Lead or its licensors, including any proprietary notices (such as ©, TM, or ®); (vii) bypass any measures EZ Lead may use to prevent or restrict access to the Services; (viii) use any type of data mining, robots, scrapers, or other data collection methods; (ix) make available in connection with the Services any virus, worm, Trojan horse, spyware, bug, or malware; (x) use the Services for any purpose for which they are not intended; or (xi) infringe or violate any of the provisions of these Terms or our Privacy Policy.

C.Acts of Others - In some cases, the Services may allow you to interact with other users. EZ Lead is not responsible for the acts, omissions or behavior of any individual or entity you encounter through the Services. Although we may choose to intervene or attempt to resolve a dispute, you agree that we have no obligation to do so

6. Intellectual Property

EZ Lead has spent a lot of time creating and obtaining helpful content for the Services. Please respect our rights, and the rights of our licensors, regarding such content.

A.All of the intellectual property rights (including, without limitation, inventions, patents and patent applications, trademarks and trademark applications, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Services and the Content are owned by and/or licensed to EZ Lead and are protected by applicable copyright and other intellectual property laws. Certain Content displayed within the Services is used with permission from Carfax, Inc., and is protected under United States and international copyright law. This Content may be identified with an indicator such as “© Carfax, Inc.”. Additional terms and conditions may apply to your use of such Content, and any unauthorized use, reproduction, distribution, or modification of this Content is strictly prohibited. Subject to these Terms, you are granted a non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to use (i.e. to download and display locally) our Content for the purpose of using the Services in accordance with these Terms and the Privacy Policy. All rights not expressly granted to you under these Terms or our Privacy Policy are reserved by EZ Lead and/or its licensors. Among other restrictions set forth in these Terms, or which we may provide from time to time, (i) you shall not: (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any application), except to the limited extent applicable statutory laws specifically and expressly prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, sell, license, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or use the Services for the benefit of any third parties, and (ii) you are not permitted to use the EZ Lead trademarks, copyrighted content, other intellectual property, or any third-party trademarks appearing on or through the Services without our prior written consent. You shall abide by all applicable local, state, national and international laws and regulations.

B.You must own or have sufficient intellectual property rights to all Submissions that you provide through the Services, without any infringement or violation of any third-party rights or applicable laws, rules, regulations or directives. You must obtain all consents and authorizations required for the use of your Submissions. You agree that all information uploaded or submitted by you (excluding Personally Identifiable Information (defined in the Privacy Policy) and financial information) is nonconfidential and may become publicly available. You grant EZ Lead a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works of, store and use any of your Submissions in connection with the Services, in any media formats and through any media channels known today and developed in the future, for the purpose of operating, marketing, and improving the Services. You also grant EZ Lead permission to attribute you in connection with your Submissions. You hereby waive any rights of privacy or publicity in this respect. Occasionally, with your permission, our designees or representatives may take photos of you with vehicles you purchase or sell through our Services. These photos will also be considered Submissions and subject to these Terms.

C.You acknowledge that any suggestions, questions, ideas, or other comments you provide to EZ Lead (“Feedback”) shall become our sole and exclusive property without any compensation to you. We may, in our sole discretion, decide whether to use the Feedback. You hereby assign to EZ Lead all of your right, title and interest in the Feedback, including, but not limited to, all copyrights, patent rights, trade secrets, and trademarks.

D.You may link to our Services on your rightfully owned properties as long as (i) the link does not state or imply any connection or approval of EZ Lead or portray EZ Lead in a false or offensive manner, and (ii) you remove such link immediately upon our written request.

E.EZ Lead has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. If you believe that any content displayed on any of the Services infringes your copyrighted work, you may send notice to EZ Lead’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) at: Jenkins Lorenzo, LLC., 18851 NE 29th Avenue, Suite 700, Aventura, Florida 33139 or clientservices@jenkinslorenzo.com. Please include the following information in your notice: (i) a signature of a person authorized to act on behalf of the owner of the copyright; (ii) identification of works or materials alleged to have been infringed; (iii) identification of alleged infringing material with sufficient detail so EZ Lead can find and verify its existence; (iv) contact information about the notifying party; (v) a statement that the notifying party has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Once we receive the notice, we may take actions in our discretion, including removing the alleged infringing material.

7. Third-Party Content and Services

The Services may include materials and information from third parties that EZ Lead has not evaluated or reviewed. Furthermore, some of the Services may contain links to non-EZ Lead websites, products, or services. These links are for your convenience only; the applicable sites and services are not under our control and we do not endorse or assume any responsibility for them. In some cases, your ability to access or use the Services may depend on software, hardware or other systems or equipment provided by third-party providers who are not under our control. We cannot and do not represent that all portions of the Services can be accessed via all devices, or via all carriers or service plans, or from all geographic locations. Your access or use of any non-EZ Lead websites or services or reliance upon their content is at your own risk. Most of such linked sites or services provide their own legal documents, including terms of use and privacy policies, which govern their use. Please review these terms before using the related products or services. links to non-EZ Lead websites, products, or services. These links are for your convenience only; the applicable sites and services are not under our control and we do not endorse or assume any responsibility for them. In some cases, your ability to access or use the Services may depend on software, hardware or other systems or equipment provided by third-party providers who are not under our control. We cannot and do not represent that all portions of the Services can be accessed via all devices, or via all carriers or service plans, or from all geographic locations. Your access or use of any non-EZ Lead websites or services or reliance upon their content is at your own risk. Most of such linked sites or services provide their own legal documents, including terms of use and privacy policies, which govern their use. Please review these terms before using the related products or services.

8. Mobile Services and Messages

As part of the Services, we may communicate with you, or you may communicate with other users, via SMS, MMS or other text messages or mobile functionality (“Text Messages”) -- but not while driving.We may use an autodialer when communicating with you. Please note that text messaging fees may apply to the sending or receipt of Text Messages. By registering for an Account, providing EZ Lead with your phone number, or otherwise using any of our Services that involve communication by Text Messages, you hereby consent to receiving Text Messages from EZ Lead. You may opt out of receiving such messages in the future, but some of the Services may not work properly if you do opt out.

9. Termination

If you do not comply with the Terms or Privacy Policy, EZ Lead may suspend or terminate your Account or otherwise block or restrict your access to the Services. Additionally, EZ Lead may refuse to provide the Services for any reason or no reason, at any time. If, for any reason, you no longer consent to the Terms or Privacy Policy, please stop using the Services (and cancel your Account(s), to the extent you have any), and this will be your sole remedy in such circumstances.

Upon termination by you or EZ Lead: (i) you will cease any further use of the Services; (ii) all rights granted to you under the Terms and Privacy Policy will automatically terminate; and (iii) certain data (e.g., Content, Submissions) may be retained or deleted at EZ Lead’s sole discretion. The ownership provisions, licenses of Submissions and Feedback, DMCA policy, disclaimer of warranties, limitation of liability, indemnification, jury trial and class action waiver, governing law and jurisdiction, and general sections of these Terms will survive termination. Other provisions of the Terms that by their nature would survive termination shall so survive.

10. Disclaimer of Warranties

To the extent legally permissible, any and all of the Services and Content are provided “as-is”. EZ Lead and the EZ Lead Representatives disclaim all warranties of any kind regarding the use of any and all Services, including, without limitation, any and all: (i) warranties regarding the operation, accuracy, reliability, completeness, quality, or suitability or the information or Content displayed on or through them; (ii) warranties of title or non-infringement; and (iii) implied warranties of use, merchantability or fitness for a particular purpose, title and non-infringement as to the Services and the Content or the Submissions, and those arising from course of dealing or usage of trade. You expressly agree that use of the Services, Content, and Submissions are at your sole risk. EZ Lead and the EZ Lead Representatives and our third-party service providers do not represent or warrant that the Content or Submissions are accurate, complete, reliable, current, or error-free. In addition, in no event shall EZ Lead or its Representatives be liable to you or any third party for any consequences to you or others that may result from technical problems or errors or for any decision made or action taken by you or any other party in connection with the Services. Some jurisdictions do not allow the exclusions or limitations set forth above, in which case, the full extent of the above exclusions and limitations may not apply.

11. Limitation of Liability

To the extent permitted by law, in no event will EZ Lead or the EZ Lead Representatives be liable to you or to any third party for: (i) indirect, consequential, special, incidental, exemplary, or punitive damages, under any legal theory (including, without limitation, by tort, negligence, contract, or other), arising from or connected to the Services, Terms, Content, or Privacy Policy; (ii) any costs of procuring any substitute goods, technology, or services; or (iii) any damages whatsoever that in the aggregate exceed the greater of (a) the amount actually paid by you (if any) to EZ Lead for use of the applicable Services in the immediately previous twelve (12) month period or (b) US $100.00. Some jurisdictions do not allow the exclusions or limitations set forth above, in which case, the full extent of the above exclusions and limitations may not apply.

12. Indemnification

You agree to defend, indemnify and hold harmless EZ Lead from and against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, investigation, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with: (i) your use or misuse of the Content or Services; (ii) your conduct in connection with the Services or with other third parties via the Services; (iii) your Submissions; (iv) your violation of the Terms or Privacy Policy; (v) your violation of any third-party rights, including, without limitation, any intellectual property right or privacy right of such third party; and (vi) any damage, of any sort, you may cause to any third party with relation to the Submissions, Content, or Services. EZ Lead reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations and in which event you will fully cooperate with EZ Lead in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining EZ Lead’s prior express written approval.

13. JURY TRIAL AND CLASS ACTION WAIVER; JURISDICTION

A.

URY TRIAL WAIVER - Most customer concerns can be resolved by contacting us through the “Contact Us” portal of the Website. However, IN THE EVENT THAT YOU AND EZ LEAD ARE UNABLE TO RESOLVE ANY DISPUTE OR CLAIM WITH ONE ANOTHER RELATED TO THE SERVICES, TERMS AND/OR CONTENT, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT, TO THE FULLEST EXTENT ALLOWED BY LAW, TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING, CLAIM OR COUNTERCLAIM BETWEEN YOU AND EZ LEAD Disputes and claims” shall be broadly construed to include past, current, and/or future claims that relate in any way to these Terms, your use of the Services, and/or rights of privacy and/or publicity.

B.

CLASS ACTION WAIVER - You and EZ Lead each WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION RELATED TO THE SERVICES, TERMS AND/OR CONTENT Any litigation under this provision will take place on an individual basis – your right to institute or participate in any class action(s) adverse to EZ Lead and/or the EZ Lead Representatives is expressly waived. You also agree not to participate in claims against EZ Lead brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account

C.

YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT, TO THE FULLEST EXTENT ALLOWED BY LAW, TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES FROM EZ LEAD RELATED TO THE SERVICES, TERMS AND/OR CONTENT.

D.

Any legal suit, action or proceeding arising out of or relating to the Services and Content shall be instituted in the Circuit Court in and for the Eleventh Judicial Circuit, Miami-Dade County, and you and EZ Lead irrevocably submit to the exclusive jurisdiction of said court in any such suit, action or proceeding. You and EZ Lead irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

14. Changes to the Services or Terms

EZ Lead reserves the right to make changes to its Services and/or Terms at any time and for any reason without prior or subsequent notification. All changes are effective as of the date modified and your continued use of the Service(s) after the modification date will constitute acceptance to be bound by those changes. EZ Lead reserves the right to stop, temporarily or permanently, the operation of any and all Services without notice, on a general or specific basis, at any time. All information (ours or yours) made available on the applicable Service may be removed or deleted, and you are required to make your own copy of any information you submit to EZ Lead. EZ Lead will not be liable to you or to any third party for any changes, suspension, or discontinuance of the Service(s) or any malfunctions that may occur in connection thereto.

15. General

A.These Terms constitute the entire agreement between you and EZ Lead regarding your use of any and all of the Services as detailed herein, and supersedes any prior agreements between you and EZ Lead relating to such use.

B.These Terms are governed by the laws of the State of Florida, without regard to its conflicts of law rules. C. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and EZ Lead.

C.Any heading, caption, section title or summaries contained in these Terms is inserted only as a matter of convenience and shall not affect their interpretation. Any use of “including” “for example” or “such as” in these Terms shall be read as being followed by “without limitation” where appropriate.

B.The failure of either party to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be amended as possible to comply with the applicable law. This shall not affect the validity and enforceability of any remaining provisions.