Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, whether personally or with spiders or bots you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. From time to time, EZdesk, Inc. may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Use of this site binds you to this Legal Agreement. If you do NOT understand this agreement we RECOMMEND SEEKING COMPETENT COUNSEL BEFORE ENTERING. EXIT

Please read them carefully. BY COMPLETING THE REGISTRATION PROCESS, CLICKING THE "I ACCEPT" BUTTON BELOW OR USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TERMS of SERVICE (ToS). I ACCEPT The TERMS of SERVICE.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE. EZdesk ™ (the "Service"), is owned and operated by EZdesk, Inc. ("EZdesk, Inc."), and is provided to you ("User") under the following Terms of Service (the "ToS") and any operating rules or policies that may be published from time to time by EZdesk, Inc. The ToS comprises the entire agreement between User and EZdesk, Inc. and supersedes all prior agreements between the parties regarding this subject matter. EZdesk, Inc. address for contact is: 320 East Main Street, Suite 200, Murfreesboro, TN 37130.

2. DESCRIPTION OF SERVICE. EZdesk, Inc. EZdesk ™ provides User with a capability to create and access an online resources via the World Wide Web. EZdesk, Inc. does not currently charge for the Basic Service, but reserves the right in the future to charge a fee for use of the Service. All Services require basic computer and Internet skill sets. EZdesk, Inc. does NOT provide computer training and User must: (1) provide all equipment, including computer and modem, necessary to establish a connection to the World Wide Web and (2) pay any service fees associated with such access. User understands that EZdesk, Inc. provides no assistance, including any technical or customer support, to the User, and that your use of the Service is at your own risk. In consideration for use of this Service, User agrees to: (1) provide current, complete, and accurate information about User as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. This information shall be referred to as registration data ("Registration Data"). If any information provided by User is untrue, inaccurate, not current or incomplete, EZdesk, Inc. has the right to terminate User's account and refuse any and all current or future use of the Service. User agrees that EZdesk, Inc. may disclose to third parties certain Registration Data and certain information about User's use of the Service provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, except as authorized by User (or any other person User may designate) or in the good faith belief that such action is reasonably necessary to comply with the law or legal process.

3. USER ACCOUNT, PASSWORD, AND SECURITY. If you are already a registered EZdesk, Inc. User, you can login using your EZdesk, Inc. ID and EZdesk, Inc. Password. If you are not a registered EZdesk, Inc. User, you shall receive a EZdesk, Inc. ID and password upon completing the registration process. You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. User agrees to immediately notify EZdesk, Inc. of any unauthorized use of User's account or any other breach of security known to User.

4. MODIFICATIONS TO TERMS OF SERVICE. EZdesk, Inc. may change the terms and conditions of the ToS from time to time with or without notice to you. Any amendment shall be effective immediately with or without notice. Each use by you of the Service reaffirms your acceptance of, and your agreement to be bound and to abide by, the ToS as amended.

5. MODIFICATIONS TO SERVICE. EZdesk, Inc. reserves the right to modify or discontinue, temporarily or permanently, the Service for any reason, at its sole discretion, with or without notice to User. User agrees that EZdesk, Inc. shall not be liable to User or any third-party for any modification or discontinuance of the Service. 5. PRIVACY POLICY EZdesk, Inc. considers the data that users include on the Service to be the private information of its users. EZdesk, Inc. will not monitor, edit or disclose information about a User or a User's private content, except that User agrees EZdesk, Inc. may do so in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the ToS; (d) to respond to claims that such data violates the rights of third parties; and (e) to protect the interests of EZdesk, Inc. or others. User acknowledges and agrees that EZdesk, Inc. may access its data and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints. User acknowledges and agrees that certain technical processing of information is and may be required (a) to send and receive such data; (b) to perform planning and scheduling functions (c) to conform to the technical requirements of connecting networks; (d) to conform to the technical requirements of the Service; or (e) to conform to other, similar technical requirements. User acknowledges and agrees that EZdesk, Inc. does not endorse any content created or transmitted via the Service and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

6. DISCLAIMER OF WARRANTIES. USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EZdesk, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EZdesk, Inc. MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EZdesk, Inc. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EZdesk, Inc. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM EZdesk, Inc. OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. PARTICIPATION IN PROMOTIONS OF ADVERTISERS. User's correspondence with or participation in promotions of advertisers found on the Service, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between User and the advertiser. User agrees not to hold EZdesk, Inc. 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 Service.

8. LIMITATION OF LIABILITY. EZdesk, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF EZdesk, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT EZdesk, Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. NO RESALE OF THE SERVICE. User's right to use the Service is personal to User. User agrees not to use the Service for resale without specific written agreement from EZdesk, Inc. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service or use of or access to the Service.

Leads: Leads may not be resold or redistributed other than in your own financial organization. Recovery of costs from loan officers is allowed.

10. EZdesk DATA STORAGE. EZdesk, Inc. assumes no responsibility for the deletion or failure to store any data or other information included by User on the Service. EZdesk, Inc. may establish a limit on the amount of memory and the number of entries a User may post through the Service.

11. USER CONDUCT. User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other users. User agrees to be solely responsible for User's actions and the contents of User's entries through the Service. User agrees not to impersonate any person or entity, including but not limited to, a EZdesk, Inc. official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity. User agrees: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (3) not to use the Service for illegal purposes; (4) not to interfere or disrupt networks connected to the Service; and (5) to comply with all regulations, policies and procedures of networks connected to the Service. User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. User further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. (6) User shall not employ spiders or bots to mine or collect email addresses. User specifically agrees to pay EZdesk, Inc. and amount of $250,00 US for mining email addresses for any mass mailing, whether for commercial purposes or not. User agrees that injunctive relief is equitable and reasonable. (7) User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. EZdesk, Inc. may, at its sole discretion, immediately terminate User's access to the Service should User's conduct fail to conform to these terms and conditions of the ToS. EZdesk, Inc. may, but is not in any way obligated to, enforce these ToS against any user.

12. INDEMNIFICATION. User agrees to indemnify and hold EZdesk, Inc., its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this ToS by User, or the infringement by User of any intellectual property or other right of any person or entity.

13. TERMINATION. User agrees that EZdesk, Inc. may terminate User's password, account or use of the Service and, in EZdesk, Inc.'s discretion, terminate User's use of EZdesk, Inc.'s other services for any reason, for any reason, at its sole discretion, including, without limitation, if EZdesk, Inc. believes (a) that User has violated or acted inconsistently with the letter or spirit of the ToS, or (b) that User has violated the rights of EZdesk, Inc. or other Users or parties. User further agrees that EZdesk, Inc. may terminate User's password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by EZdesk, Inc. from time to time which period shall not be less than three months. User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that EZdesk, Inc. may immediately delete and discard all information and files in User's account and bar any further access to such files or the Service.

14. NOTICE. All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, EZdesk, Inc. may post notices or links to notices through the Service to inform User of changes to the ToS, the Service, or other matters of importance.

15. PROPRIETARY RIGHTS TO CONTENT. User acknowledges and agrees that content, including but not limited to "look and feel", concepts, text, software, music, sound, email addresses, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to User through the Service ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is only permitted to use this Content as expressly authorized by EZdesk, Inc. or the Service, and may not copy, reproduce, mass mail to, distribute, or create derivative works from this Content without express authorization. User specifically agrees that the concepts of the service are property belonging to EZdesk, Inc. and shall not be reapplied to any public or commercial endeavor whether for profit or not. User agrees that the concepts, text, links and other material presented to User in any form are extremely valuable properties of EZdesk, Inc. and user further agrees that unauthorized use of such material will have a minimum value of $500,000 US. User further agrees that any unauthorized use will be subject to value as determined by EZdesk, Inc. in their sole opinion without substantiation of any kind. Further User agrees to bear all attorneys fees, legal costs and travel for any litigation or collection enforcement brought about by the unauthorized use of the concepts or materials presented.

16. Satisfaction Guarantee. EZdesk, Inc. offers a 21 Day Satisfaction Guarantee on direct vended software purchases. (third party software, not included) It is our goal not only to deliver on what we have promised, but also to deliver on what the member expects. All refunds are subject to a $8.50 tracking and handling charge. NO Refunds after 21 days for ANY reason.

This refund guarantee does NOT include any custom or web site build.

The refund guarantee does NOT apply to third party offers.

Premier Memberships. You may cancel at any time during the subscription period and no further subscription fees will be billed to you.

In order to cancel and prevent unauthorized cancellation of your site, you must cancel the subscription by logging into your PayPal account and canceling the subscription OR by sending to us "Certified Mail" a notarized letter stating name, address, phone, your username and email address related to the subscription, or other suitable ID and a specific request for cancellation. You must also state in the letter, you acknowledges your ability to use the site tools will be terminated and any and all your data will be lost. Mail to: EZdesk, Inc., 320 East Main Street, Suite 200, Murfreesboro, TN 37130.

We do not refund any subscription fee once paid unless collected or billed due to our error or unique circumstance.

No refund of set up and build fees for any reason. Review the web site example sites and the details of use BEFORE buying to determine if services are suitable for your use. We are not responsible for data lose due to site cancellation.

17. Privacy. We do not sell or rent our lists derived from registration to third parties. We may make third party offers available to our members. See Privacy Policy for complete details.

18. GENERAL. The ToS and the relationship between User and EZdesk, Inc. shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. User and EZdesk, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Rutherford County, Tennessee. The failure of EZdesk, Inc. to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision. If any provision of the ToS is found by a court of competent jurisdiction 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 the other provisions of the ToS remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles, numbers, and CAPs in the ToS are for convenience only and have no legal or contractual effect.

I HAVE READ AND UNDERSTAND THE ABOVE AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

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