EASY LIFE TERMS OF USE
Welcome to Easy Life! Easy Life is an online platform dedicated to enhancing community living through technology. We connect residents with service providers, activities, community events, local restaurants, and other residents within your community.
These Terms of Use (the "Terms" or the "Agreement") set forth the binding legal agreement between you and Club Hub, LLC. "EASY LIFE" MEANS CLUB HUB LLC AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. The Agreement governs your use of www.itseasylife.com and all of the related websites, mobile apps, products and services including but not limited to those offered by contractors, suppliers, professionals, restaurants, recreational activities and delivery services (collectively known as “Service Providers”) and Easy Life, including our plug-ins and browser extensions (collectively, the “Platform”).
These Terms provide important information to you, including your agreement under Section 8 to resolve any disputes by individual arbitration and to waive the right to participate in any kind of class action, unless you choose to opt-out as described in Section 8 below. The Terms also cover your agreement to grant us rights to your content, our limitation of liability to you and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.
We encourage you to review this Agreement carefully. By accessing or using the Platform in any way, including browsing www.itseasylife.com, you are agreeing to these Terms in their entirety. If you do not agree to any of the Terms, you may not use the Platform.
1. Using the Platform.
- Who can use it. You must be at least the age of majority in the state where you live to use the Platform. Use of the Platform by anyone under 18 years of age is strictly prohibited!
As a condition of you accessing, browsing and/or using the Platform, you represent and warrant that: (a) you are at least 18 years of age; (b) you possess the capacity and legal authority to create a binding legal obligation; (c) you will use the Platform in accordance with these Terms; and (d) all information supplied by you on the Platform is true, accurate, current and complete. We retain the right in our sole discretion to deny access to anyone to the Platform, at any time or from time to time, and for any reason or for no reason, including, but not limited to, for violation of these Terms or the documents referenced herein.
- Registration. Access to certain functionalities of the Platform will require you to register with us and to create a profile on our Platform. If you register with Easy Life, you agree to provide us with accurate information and update it as needed for accuracy. We will treat personal information you provide as part of registration in accordance with our Privacy Policy.
- Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By using the Platform in any way, you understand and acknowledge that the terms of the Privacy Policy apply to you, regardless of whether you have created an account on Easy Life.
- Profile for Service Providers. If you are a services provider, you may set up a Service Provider Profile. If you do, you give us the right to list your Service Provider Profile in our directory of service providers, and you will be able to connect with others on the Platform while identified by your Service Provider profile. Your Service Provider profile is subject to our Service Provider Profile Policy.
- Acceptable Use Policy. When using the Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our Acceptable Use Policy.
- Prohibited Products Policy. If you are a Service Provider, vendor, or seller, who is authorized to offer products through the Easy Life, you agree to abide by the Prohibited Products Policy.
- Termination. You may close your account at any time by going to account settings and deactivating your account. We may permanently or temporarily suspend your use of the Platform at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Easy Life policy (including the Acceptable Use Policy or Prohibited Products Policy). Upon termination of your use of the Platform, certain provisions will survive termination, as detailed in Section 10(m).
- Feedback. We welcome your feedback and suggestions about how to improve the Platform. Feel free to submit feedback at admin@itseasylife.com. By submitting feedback in this or in any other manner to us, you grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you, as further described in Section 2(b) below.
- Platform Availability. The Platform may not be available in all geographic areas. Not all persons or entities are eligible for use of the Platform. We reserve the right to determine, in our sole discretion, the eligibility for any such Platform access. Additionally, we reserve the right to cease offering or providing or suspend Platform use at any time, for any or no reason, and without prior notice. Easy Life will not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform we may offer or facilitate access to.
2. Your Content.
- Definition of Your Content. The Platform enables you to post materials, including without limitation photos, profile pictures, messages, comments, proposals, invoices, lists, schedules, change orders, time and expense tracking, {anything else?}. You may also post reviews of third-party service providers, third-party products, or third-party services. All materials that you post on the Platform will be referred to collectively as "Your Content." Your Content that you post to the Platform will be considered non-confidential and non-proprietary. By providing Your Content, you grant Easy Life and our affiliates and Service Providers, and each of their and our respective successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
- Service Provider License and Permission to Use Your Content. Service Provider hereby grants to us and our affiliates, licensees and sublicensees, without compensation to Service Provider, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If Service Provider identifies itself by name or provides a picture or audio or video recording of Service Provider, Service Provider further authorizes us and our affiliates, licensees and sublicensees, without compensation to Service Provider, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) Service Provider name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. Service Provider further agrees that we may use Your Content in any manner that we deem appropriate or necessary.
- Ownership. Except for Your Content, the Platform, including, without limitation, the text, designs, graphics, the selection and arrangement thereof, source code, API, software, scripts, graphics, photos, sounds, music, videos, and interactive features are owned by Easy Life, its licensors or other providers of such material and are protected by United States copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Without the prior written consent of Easy Life, you may not use the content of the Platform other than in accordance with the Terms. Furthermore, the redistribution, retransmission, republication, sale or commercial exploitation of the Platform’s content is expressly prohibited without the prior written consent of Easy Life.
No right, title or interest in the Platform or its content is transferred to you. Easy Life neither represents nor warrants that your use of the Platform’s content will not infringe upon the rights of third parties not owned by or affiliated with Easy Life.
- Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content on the Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that Your Content does not violate Easy Life's Acceptable Use Policy, Service Provider Profile Policy, Prohibited Products Policy, Copyright and Trademark Policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
You understand and acknowledge that you are responsible for Your Content you submit or contribute, and you, not Easy Life, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Easy Life is not responsible, or liable to any third party, for the content or accuracy of any of Your Content posted by you or any other user of the Platform.
- Limits. We reserve the right to remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy, Service Provider Profile Policy, Prohibited Products Policy, or Copyright and Trademark Policy). We reserve the right to remove Your Content, in whole or in part, submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content. If you seek to publish a review, the requirements will be governed by our Review Policy.
3. Our Content and Materials.
- Definition of Our Content and Materials. All intellectual property in or related to the Platform (specifically including, but not limited to, our software, the Easy Life marks, the Easy Life logo, and Easy Life buttons, badges, and widgets, but excluding Your Content), is the property of Easy Life, its subsidiaries and affiliates or its licensors ("Our Content and Materials").
- Platform Access. Subject to these Terms, including the restrictions below, we grant you limited non-exclusive access to Platform and its Content and Materials in connection with your use of the Platform. Except as expressly agreed to otherwise by us (such as your eligibility for creation of a Service Provider Profile or your entering into a vendor, seller, advertiser, or other agreement with us), your use of the Platform must be limited to personal non-commercial use. We may terminate your access at any time for any reason. Except for the rights granted in these terms, we reserve all other rights and grant no other rights, implied or otherwise.
- No Endorsement or Verification. Please note that the Platform enables access to third-party content, products, and services, and it offers interactions with third-parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). For example, Easy Life does not conduct background checks or otherwise vet the Service Providers listed on the Platform. Participation or availability on the Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Platform by anyone.
- Restrictions. You agree to use the Platform only for lawful purposes. You are responsible for all of your activity in connection with the Platform. You shall not (and shall not permit any other party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Platform, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any contractual duty;
- is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- is unlawful or otherwise encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
In addition, you agree not to:
- send or otherwise post unauthorized commercial communications (such as spam) through the Platform or otherwise use the Platform’s content for any commercial purpose;
- access, monitor or copy any Platform content using any robot, spider, scraper or other automated means or any manual process for any purpose without the prior written consent of Easy Life;
- violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform;
- introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Platform;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform;
- deep-link to any portion of the Platform for any purpose without the prior written consent of Easy Life;
- “frame,” “mirror” or otherwise incorporate any part of the Platform into any other website without the prior written consent of Easy Life; or
- attack the Platform using a denial-of-service attack or a distributed denial-of-service attack or use any device, software, or routine that interferes with the proper working of the Platform.
If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you (e.g., through an author chat, online review, or participation in our group tabcon), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from Platform.
- Ownership. You acknowledge and agree that the Platform and Easy Life marks will remain the property of Easy Life. The content, information and services made available on the Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Platform.
- Easy Life Buttons, Links and Widgets. You have permission to use the Easy Life buttons, links and widgets, including those made available at http://www.itseasylife.com subject to these Terms of Use (including the disclaimers and limitations of liability) and the further understanding that: (a) your use of such buttons, links and widgets link only to the Platform; (b) you will not modify such buttons, links, widgets or associated code in any manner; (c) you will not use any such buttons, links, widgets in any manner which implies or suggests that we endorse, sponsor, or recommend the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate the Easy Life's Acceptable Use Policy or Prohibited Products Policy.
4. Other Offerings on the Platform.
- Purchase of Goods through the Easy Life. Easy Life and third-party sellers offer home goods, furniture, and other products for sale on the Platform. If you purchase products on the Platform, your purchase is subject to the Easy Life Terms of Sale. The availability of products sold by third-parties on the Platform does not imply our endorsement or verification of the products or their descriptions.
- Invoice Payments. If you use the Platform to pay an invoice for goods or services from a Service Provider, you authorize us and our third-party payment processor to charge the method of payment associated with your account. You agree to pay the entire amount that you approve, including any taxes and fees. If such amounts are reversed and deducted from our accounts, you agree to remit the amounts to us and, if you fail to do so, you authorize us and our third-party payment processor to collect the amounts from you, using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law. If you are involved in a credit card dispute involving a payment made through or in connection with the Platform, such as a chargeback, you agree to provide us and our third-party payment processor with all information relevant to the dispute.
- Third-Party Services. You may be provided the opportunity on the Platform to purchase services that are offered by third parties (collectively "Third-Party Services"), including those offered by Service Providers registered with Service Provider Profiles on the Platform. The availability of any Third-Party Services on the Platform does not imply our endorsement of the Third-Party Services.
- Third-Party Sites. The Platform may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.
5. Reporting Violations of Your Intellectual Property Rights, Easy Life Policies, or Applicable Laws.
We have a special process for reporting violations of your intellectual property rights or other violations of Easy Life policies or applicable laws.
- Copyright and Trademark Policy. We have adopted and implemented a Copyright and Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Platform infringes your intellectual property rights, please read our Copyright and Trademark Policy. For your convenience, we provide you a Copyright or Trademark Infringement Claim Form, which you should use for fastest processing.
- Reports of Other Violations. If you believe content on the Platform violates Easy Life's Acceptable Use Policy, Prohibited Products Policy, or otherwise violates applicable law, you may submit the following Infringement Claim Form (for claims other than copyright or trademark).
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.
6. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF EASY LIFE TO YOU.
EASY LIFE IS PROVIDING YOU THE PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EASY LIFE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
IN NO EVENT SHALL EASY LIFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE EASY LIFE PLATFORM, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE EASY LIFE PLATFORM, (III) THE SERVICES FOUND ON THE EASY LIFE PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE EASY LIFE PLATFORM, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF THE EASY LIFE PLATFORM AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THE EASY LIFE PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE EASY LIFE PLATFORM, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE EASY LIFE PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE EASY LIFE PLATFORM, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE EASY LIFE PLATFORM OR THE SERVICES FOUND ON THE EASY LIFE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT EASY LIFE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification.
You agree to fully indemnify, defend, and hold the Easy Life and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this Agreement, including but not limited to the Acceptable Use Policy and Prohibited Products Policy; (b) any allegation that any materials you submit to us or transmit to the Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Platform or other websites to which the Platform is linked (d) your violation of laws;and/or (e) negligent or willful misconduct.
8. Dispute Resolution.
If you have a dispute with Easy Life, you agree to contact us through admin@itseasylife.com to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that arises out of or relates to the Platform or involves our services.
- Binding Arbitration. You and Easy Life agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Platform (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Easy Life both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Easy Life in "small claims" court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
- Class Action Waiver. You and Easy Life agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and Easy Life both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Easy Life agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.
- Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (if you use the Platform as a consumer) or Commercial Arbitration Rules (if you are a Service Provider, vendor, seller or other business), as applicable and then in effect (the "AAA Rules"), except as modified by this "Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org).
- Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
- Arbitration Location and Procedure. The seat of the arbitration shall be in Broward County, Florida, unless you and Easy Life agree otherwise or the AAA Rules or AAA Consumer Due Process Protocol, as applicable, provide otherwise. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and Easy Life submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.
- Arbitrator's Decision and Governing Law. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the "Disclaimers and Limitations of Liability" section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.
- Fees. Each party's responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.
- Opt-Out. You have the right to opt out of the arbitration provisions of Section 8 by sending a written notice of your decision to opt out to the following address: {insert address} Attention: Easy Life Legal Department. The notice must be postmarked within 30 days of the later of: (i) the date that you first agreed to the Terms; and (ii) the date that you became subject to this provision under Section 8(h). You must include all of the following in the written notice: (1) your name and mailing address; (2) the email address associated with your account; and (3) a clear statement that you want to opt out of this Agreement’s arbitration agreement.
If you have a dispute with another user on the Platform or with any third party, you agree that Easy Life is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Easy Life, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Platform. As part of this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to only include those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
9. Communications.
You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from Easy Life, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems. These communications include, for example, operational communications concerning your account or use of the Platform, updates concerning new and existing features on the Platform, communications concerning promotions run by us or third parties, and news relating to the Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications from Easy Life, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from Easy Life.
If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the Platform, you may opt-out or unsubscribe using your settings.
10. Miscellaneous.
- Notice for California Users. Under California Civil Code Section 1789.3, California users of the Platform are entitled to the following specific consumer rights notice: The services are provided by Easy Life. If you have a question or complaint regarding the Service, please contact Easy Life at admin@itseasylife.com or by writing to our mailing address. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or hearing impaired persons may dial 711, 1-800-735-2929 (TTY), or 1-800-735-2922 (Voice) for California Relay Service.
- Supplemental Terms for Certain Services. Certain services offered on the Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale in the Platform each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of this Agreement will control.
- Prohibited Jurisdictions. Easy Life does not authorize the downloading or exportation of the Platform content or any software or technical data from the Platform to any jurisdiction which prohibits the downloading or exportation of such content or data or to any jurisdiction prohibited by United States export control laws.
- Application Provider Terms. If you access the Platform through the Easy Life application, you acknowledge that this Agreement is between you and Easy Life only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
- Controlling Law and Jurisdiction. This Agreement will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Broward County, Florida for any actions for which the arbitration provision, as set forth in Section 8, does not apply.
- Export. The Platform is controlled and operated from our United States offices in Florida. Easy Life software is further subject to United States export controls. No software for Easy Life may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You also represent that you are not (1) located in a country that is subject to a U.S. government embargo, and (2) listed on any U.S. government list of prohibited or restricted parties.
- Changes. We reserve the right to change, add or remove portions of these Terms and Conditions of this Agreement at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms and Conditions prior to each use of the Site and by continuing to use this Site, you agree to any changes. YOUR CONTINUED USE OF THE SITE OR THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS AND CONDITIONS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
- Languages. The English version of this Agreement will be the binding version and all communications, notices, arbitrations and other actions and proceedings relating to this Agreement will be made and conducted in English, even if we choose to provide translations of this Agreement into the native languages in certain countries. To the extent allowed by law, any inconsistencies among the different translations will be resolved in favor of the English version.
- Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Easy Life's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Easy Life may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
- Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
- Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
- Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
- Entire Agreement and Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Platform and constitutes the entire agreement between you and us regarding the Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
- Survival. The following provisions will survive expiration or termination of this Agreement: Section 2 (Your Content), Section 3(d)(Restrictions) and 3(e)(Ownership), Section 6 (Disclaimers and Limitations of Liability), Section 7 (Indemnification), Section 8 (Dispute Resolution) and Section 10 (Miscellaneous).
- Contact. Feel free to contact us admin@itseasylife.com with any questions about this Agreement.
Easy Life
Effective November 15, 2021