RESTRICTIONS ON USE OF MATERIALS
This site is operated by INTERNATIONAL E-Z UP®, INC. (also referred to as "E-Z UP®," "we," "us," or "our" herein). No material from www.ezup.com, www.ezupdirect.com, or any Web site owned, operated, licensed or controlled by INTERNATIONAL E-Z UP®, INC., may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of INTERNATIONAL E-Z UP, INC.'s copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to INTERNATIONAL E-Z UP®, INC.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all INTERNATIONAL E-Z UP®, INC., site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from INTERNATIONAL E-Z UP®, INC., if in INTERNATIONAL E-Z UP®, INC.,'s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other INTERNATIONAL E-Z UP®, INC., site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
The materials in this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, INTERNATIONAL E-Z UP®, INC., disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. INTERNATIONAL E-Z UP®, INC., does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. INTERNATIONAL E-Z UP®, INC., does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not INTERNATIONAL E-Z UP®, INC.) Assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall INTERNATIONAL E-Z UP®, INC., be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if INTERNATIONAL E-Z UP®, INC., or an INTERNATIONAL E-Z UP®, INC., authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall INTERNATIONAL E-Z UP®, INC.,'s total liability to you for all damages, losses, and causes of action [whether in contract, tort (including, but not limited to, negligence) or otherwise] exceed the amount paid by you, if any, for accessing this site.
This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
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