EZstream Terms of Service
When we say “EZstream,” “we,” “us,” and “our” in these terms, we mean Life Impact Solutions, Inc. dba Mobilize Solutions
When we say “Services” in these terms, we mean EZstream’s services, apps, websites, and all other products.
When we say “Platform”, we mean the Platform managed by EZstream to provide the Services, including all software and computer hardware on which applications are run or installed.
Questions about these Terms of Service should be sent to email@example.com.
Acceptance of Terms
In these terms, when we say “you” or “your,” we mean you.
By using the Services, you are agreeing, on behalf of yourself and those you represent, to comply with and be legally bound by these terms as well as our and all applicable laws.
If you, for yourself or on behalf of those you represent, do not agree to any provision of these terms, you must, for yourself and on behalf any such person(s), cancel the registration process, discontinue your use of the services, and, if you are already registered, cancel your account.
EZstream offers tools for online creators and their audiences. These terms apply to all EZstream websites and platforms, all EZstream products and services, and all of our desktop, console, and mobile applications.
By accessing our services, you represent to us that:
- you are at least 16 years old; and you meet the minimum age required to access these services in your country.
- If you are over the age of 16 but under 18 or for some other reason you do not have capacity to agree to these terms:please ask your parent or guardian to read these terms with you.
- you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
NOTE TO PARENTS: If you are a parent or legal guardian, and you allow your teenager to use the services, then these terms also apply to you and you are responsible for your teenager’s activity on the services.
Bans, Illegal Use
If you have previously been suspended or removed from the Services for violating our terms, you may not access any Services without the express written permission of EZstream over email. Contact firstname.lastname@example.org for assistance.
EZstream Services are not available to any persons barred from receiving them under the laws of the United States or applicable laws in any other jurisdiction.
You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
You can delete your account by contacting email@example.com.
Subject to applicable law, we reserve the right to suspend or terminate your access to some or all of our services with or without notice, at our discretion, including if:
- You breach these terms, any EZstream policy, or additional terms that apply to specific products.
- We’re required to do so to comply with a legal requirement or court order.
- We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.
- However, we will give you advance notice if required by applicable law.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
We are always working to improve the streaming experience. We may add or remove features, start new services, or limit or discontinue existing services. While we try to minimize disruptions, we cannot guarantee that there will not be an outage, planned downtime, or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages, planned downtime, or service changes.
Prices May Change
Prices and/or fees for our Service are subject to change at any time. We always work to keep our websites current, but we cannot guarantee information available on any EZstream site is accurate, complete, or current. Any reliance on the material on EZstream sites is at your own risk.
These sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these sites at any time, but we have no obligation to update any information on our sites.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS,” AND WE MAKE NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SERVICE (IN WHOLE OR IN PART). WE DO NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELISERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
User Content and Services are Provided “As Is”
Except as may be required by applicable law, EZstream is not liable for, nor is EZstream obligated to screen, approve, edit or control User Content that you or others upload or otherwise make available on the Services.
EZstream may, however, at any time and without notice, and without any obligation to you, remove, partially censor, or block or suspend the availability of any User Content that EZstream believes violates its terms or policies or is otherwise objectionable.
You agree that when using the Services, you will see User Content from a variety of sources and understands that User Content could be inaccurate, offensive, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy that you have or may have against EZstream regarding User Content.
This warranty does not affect any consumer rights you might have under applicable law, including the legal guarantee in certain places that products and services must comply with this agreement and your rights in case of non-conformity of a product or service.
You are also responsible for maintaining the security of your account, and you will notify EZstream immediately at firstname.lastname@example.org of any actual or suspected loss, theft, or unauthorized use of your account.
You agree not to share, license, sell, or transfer your account without our prior written consent.
You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If you encounter any user or content that appears to violate our user conduct rules, please report it to us at email@example.com.
If a user violates these rules, depending on the nature of the violation we may take a number of enforcement steps, including:issuing warnings, removing content, suspending or removing the accounts and/or servers responsible; and potentially reporting them to law enforcement.
We want to create a safe, fun, and inclusive environment for all users. We have created rules on prohibited conduct to help protect other users. The following types of conduct are prohibited.
Civility and Respect for Others
- Do not bully, harass, intimidate, or stalk others.
- Do not promote bigotry or hate.
- Do not share false or misleading information.
- Do not post content that violates our User Content rules.
- Do not encourage or promote violations of these rules by others.
- Do not engage in any predatory behavior with minors, including attempting to befriend a child in order to manipulate and exploit them (i.e., grooming), engaging in sexual conversation with or soliciting sexual material from minors.
- Do not share, request, or discuss child sexual exploitation imagery.
- Do not threaten others with real world harm, including sexual assault or property damage.
- Do not promote terrorism or political violence, or advocate, recruit, or fundraise for terrorist organizations or organizations that promote political violence.
- Do not depict, glorify, of encourage suicide. If you are concerned about a user’s mental health please contact firstname.lastname@example.org
- Do not depict any real world activity that is dangerous or unsafe.
- Do not do anything illegal.
- Do not engage with organized crime, terrorist organizations, or organizations that engage in violence.
If reported to us, we may disable the account of any user who harasses, bully, discriminate or harm others outside of the Platform.
Abuse of the Platform
- Do not attempt to gain unauthorized access to EZstream systems, data, or user accounts
- Do not attempt to explore, scan, or circumvent any Platform features or security measures on the site,
- Do not attempt to interfere, disrupt, or create an undue burden on any EZstream or user computer, host, or network including, without limitation, by submitting malicious code, overflowing, “flooding”, “mail-bombing,” or “crashing”.
- Using the Site for recording, processing, or mining information about other users.
- Do not display any unauthorized commercial advertisements.
You may provide content to our Platform. That content is called “User Content”. This section describes how you retain your ownership of content you own, the limited rights you provide us to use the User Content, and our rules around User Content.
Your User-Generated Content Stays Yours
Users of the Services (whether you or others) may provide us with content, including without limitation content provided by live streaming, text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in these terms.
Your License To Us
When you provide User Content via the Services, you grant EZstream a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
Only Use Content You’re Allowed To Use
Please don’t copy, upload, download or share content unless you have the right to do so.
You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services and in the manner required by this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others’ intellectual property, trade secret or other rights.
The following types of User Content are prohibited:
- No content that violates our user conduct rules or other rules.
- No false content that you know is false or misleading, is libelous, defamatory, obscene,
- No offensive, hateful, or illegal content
- Content that is pornographic, excessively violent, abusive, or threatening in any way; offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind again any group or individual;
- Encourages or advocates for conduct that could be as a criminal offense, or otherwise violate any law
- No creating a security/privacy risk to others
- Content that contains information that causes or creates a privacy or security risk to any person;
- No content that is stolen from others or infringes the intellectual property rights of others.
- No spamming: involves sending of “junk mail”, “chain letters”, or any unsolicited mass mailing, “spimming”, or “spamming”;
- No restricted pages: contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
- Includes a photograph or video of another person that you have posted without that person’s consent.
- We prohibit any content that violates our user conduct rules above, or any other part of our terms of service.
You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID.
Our Intellectual Property
All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, video and computer code (“EZstream Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of such EZstream Content, displayed or performed on the Services is owned, controlled, or licensed by EZstream.
All such EZstream Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular EZstream Content, EZstream hereby grants you limited permission to use the EZstream Content subject to these Terms, as long as the use of such EZstream Content is solely for your personal, informational use.
Unless expressly permitted in an applicable agreement or on the EZstream Content itself, none of the EZstream Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of EZstream and/or the appropriate owner.
Certain open source licenses (“Open Source Software”) may be included in the Services. The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
Any feedback you provide at this site shall be deemed to be non-confidential. EZstream shall be free to use such information on an unrestricted basis.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on our Platform infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the following requirements and specific instructions for submitting a notice to EZstream.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified in sub-section above is not authorized by the copyright owner, its agent, or the law;
- A written statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
Please send this written notice to the following address:
Life Impact Solutions, Inc.
5151 California Ave. Suite 100
Irvine, CA 92617
Phone: (844) 843-2884
If material that you have posted to the Websites has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which EZstream, may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
- Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we may terminate the accounts of repeat infringers. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.
Intellectual Property Rights Not Subject To The DMCA
Even where the DMCA does not apply, If you are a rightsholder that believes your trademark or other right is being infringed, please note that we are not in a position to mediate disputes between users and the holders of trademark or other rights. That being said, we take allegations of infringement seriously. So, we may look into and try to resolve any allegations of infringement not subject to the DMCA.
If you believe your rights have been infringed, please provide the following information to email@example.com:
- identification of the subject work(s) claimed to have been infringed, or, if multiple works are covered by a single notification;
- identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EZstream to locate the material;
- information reasonably sufficient to permit EZstream to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Paid Services And Fees
Certain Services are paid services. This section explains how we handle payments for those paid services. For certain paid services, such as subscriptions, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you cancel your subscription. You can do that anytime through the Google Play Store or by emailing firstname.lastname@example.org.
Accuracy Of Billing And Account Information
You agree to provide current, complete, and accurate purchase and account information for all transactions occurring on our Service. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.
You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). Paid Services will remain in effect until canceled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don’t pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you.
All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so. If you’re exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If we have a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where we do not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
Automatic Subscription Renewals
To ensure uninterrupted service, we’ll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period afterwards until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you’re on an annual subscription plan, each billable renewal period will be for one (1) year. We’ll automatically charge you the applicable amount using the payment method you have on file with us. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments.
While you may cancel any Paid Services at any time, you are only eligible for a refund if you have requested a refund within the applicable refund window. The refund window is within 30 days of purchase for EZstream Plus.
We may deny your refund request at our sole discretion if we find evidence of fraud, refund abuse (such as repeatedly using then refunding EZstream products), or unlawful or unethical conduct.
We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don’t agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
If you contact your bank or credit card company to decline, Chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact customer support via the Services or by emailing email@example.com before filing a Chargeback. We reserve our right to dispute any Chargeback.
In the event a Chargeback is issued, you are immediately liable for the full amount of the transaction related to the Chargeback. You are also liable for any associated fees, fines, expenses, or penalties.
Payment Processor and Credit Card Terms
We use a third party payment processor (Google Play) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make the payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct any errors or mistakes, even if payment has already been requested or received.
You agree, on your behalf or if you are accessing our Services on behalf of a legal entity, like your employer (see “Acceptance of Terms” above for more information) you agree on behalf of that entity to the following terms:
You will be responsible for your use of the Services, and you agree to defend and indemnify and hold harmless EZstream, and its affiliates, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, employees, and interns from any claims and demands made by any third-party due to or arising out of your: (a) your access to or use of our Services, (b) your content, (c) your violation of these terms or any terms incorporated herein by reference, (d) your violation of applicable law or the rights of any third party.
EZstream reserves the right, at EZstream’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (and without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with EZstream’s defense of that claim.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL EZSTREAM OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, EMPLOYEES, AND INTERNS BE LIABLE FOR ANY CLAIM, INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF EZSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL EZSTREAM’S’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND EZSTREAM HAVE AGAINST EACH OTHER ARE RESOLVED.
Before you bring a legal proceeding, please reach out to customer support at firstname.lastname@example.org. Most issues can be quickly resolved by contacting support.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us.
This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and EZstream agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual written agreement.
Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Service, (ii) any purchases or other transactions or relationships with EZstream, or (iii) any data or information you may provide to EZstream or that EZstream may gather in connection with such use, interaction or transaction (collectively, “EZstream Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration.
By using or interacting with the Service, or engaging in any other EZstream Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us.
You can find a copy of the rules and more information at www.adr.org.
If AAA is no longer in existence, the Arbitration shall be administered by JAMS or its successor ( “JAMS”) instead, and conducted in accordance with
the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (which shall be the “Applicable Rules” in such circumstances). Information on JAMS can be found at www.jamsadr.com.
If AAA (or, if applicable, JAMS) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be Applicable to the matter in dispute, EZstream agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the Application of subpart (d) or (h) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of Appropriate jurisdiction.
Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You further agree that:
(a) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, Applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
(b) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by AAA (or, if Applicable, JAMS) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and ; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
(c) Governing Law and Venue for Non-Arbitrable Disputes. These terms are governed by (i) the United States Federal Arbitration Act (“FAA”), and (ii) only to the extent not inconsistent with the substantive and procedural provisions of the FAA, the laws of the State of California, without regard to conflicts of laws principles.
The Arbitrator shall (i) shall honor claims of privilege recognized at law; and (ii) shall have authority to award any form of legal or equitable relief. The arbitrator will not be bound by rulings in other related arbitrations. Any Disputes that are not subject to the Arbitration Terms or that are severed from any arbitration may only be litigated in the federal courts of Santa Clara County, California, provided that if such federal courts decline to hear the Dispute, it may be remanded to the state courts of Santa Clara County, California; and the parties consent to personal and exclusive jurisdiction in these courts, except as otherwise provided by applicable law.
(d) No Class Relief. The Arbitration can resolve only your and/or EZstream’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(e) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(f) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, EZstream will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(g) Reasonable Attorney’s Fees. In the event you recover an Award greater than EZstream’ last written settlement offer, the Arbitrator shall also have the right to include in the Award EZstream’ reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but EZstream shall in all events bear its own attorneys’ fees;
(h) Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor EZstream shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
(i) Modification of Arbitration Clause With Notice. EZstream may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after EZstream has given notice of such modifications and only on a prospective basis for claims arising from EZstream Transactions and Relationships occurring after the effective date of such notification; and
(j) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against EZstream in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
ENTIRE AGREEMENT. These terms and any other terms incorporated by reference herein cover the entire agreement between you and EZstream for your use of our Services except where additional EZstream provided terms apply to our products or services, in which case the additional terms will control with respect to your use of that product or Service to the extent of any conflict with these terms.
OUR RELATIONSHIP. Nothing in these Terms shall create or be deemed to create an employment, partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and EZstream.
WAIVER. If you do not follow these terms and we do not act immediately, we do not give up or “waive” any of our legal rights, and we may exercise those legal rights in the future.
SEVERABILITY. If any part of these terms ends up being invalid or unenforceable based on a decision by any court or competent authority, the rest of these terms will not be affected. You may not assign these terms to anyone else without our written consent. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with our services.
UPDATES TO THESE TERMS. We may decide to update these terms (1) to reflect changes to our services or our business, (2) for legal or regulatory reasons, or (3) to prevent abuse on or of our services. If these changes materially affect your Platform use or your legal rights, we’ll try to give you reasonable advance notice (unless the updates are urgent). If you continue to use our services after the changes have taken effect, it means that you agree to the changes. If you don’t agree, you must stop using our services.
NO THIRD PARTIES. Nothing in these Terms shall create or confer any rights or other benefits in favor of any third parties except as expressly provided herein.
Notice for California Users: Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210
Additional Terms for Specific Products and Features
From time to time we may provide access for products or features still in “beta testing”, which means they are still in development and not fully released. They are likely to contain errors. You agree that any beta products or features are provided “AS IS” and “AS AVAILABLE.” You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue any beta product or feature (or any portion thereof) at any time and in our sole discretion, with or without notice to you.
Use beta features and products only for testing and improvement purposes and in any case not on a system or for purposes where the malfunction of the Beta Software can cause any kind of damage. In particular, maintain full backups of any system that you choose to install beta features or products on.
If you encounter any bugs while beta testing, please contact email@example.com for assistance. EZstream may request or require that you provide suggestions, feedback, or data regarding your use of the Beta software, which you grant EZstream the right to use, dissect and repurpose at their sole discretion.
Product-specific terms and policies may also apply to your use of the Beta Product (the “Product Terms”). In such case, Product Terms will be made available to you (online or, prior to being made available online, as separately provided to you) and will also apply to your use of the Beta Product. For clarity, once we post Product Terms online (in the Platform Terms, in other supplemental terms, or otherwise), the online version of such Product Terms will supersede any prior versions provided to you. By continuing to access, test, or use the Beta Product after any modification to the applicable Product Terms, you agree to be bound by them.