Terms of Service

EZER TERMS OF SERVICE

May 17, 2018 

This User agreement describes the terms and conditions offering access to the EZER System, a platform and application owned and maintained by EZER, Inc. These terms of service constitute User / Driver agreement (the “Agreement” or “Terms of Service”) for EZER (the “EZER System). This Agreement is a legally binding agreement made between you, the Driver, or you, the User (“You,” “Your,” or “Yourself”) and EZER, Inc. (“EZER,” “We,” “Us” or “Our”). 

EZER is offering the use of the EZER System to all that agree with the conditions that are accepted within the terms contained in this Agreement. By signing up with, logging in or by using the EZER System, You indicate that You understand this Agreement and accept all of its terms. If these terms are not accepted, You are not allowed to participate in the EZER System. 

The EZER System is a web based tool and mobile application (herein referred to as “EZER System”) that provides a mechanism to match up those (“Users”) seeking help to deliver items or moving items short distances with those (“Drivers”) that have available larger vehicles that would like to offer help. 

EZER is not a transportation carrier, logistics provider, or transportation system. EZER provides the tools needed for a third-party Driver using the EZER System to offer help and has sole discretion if they can help with each and any third-party User request. The User has sole discretion if they do want to accept the offered help. The User also has complete discretion to accept or decline the quoted price for this service provided through the EZER System before the service is provided. By creating a User account and using the EZER tools, You expressly acknowledge and understand and accept these terms of service. 

Eligibility 

The EZER System and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. By becoming a Participant with the EZER System, You represent being at least 18 years old and that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. 

You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or EZER for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. EZER has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, change up password and contact Us to review of Your account. 

You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or EZER for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. EZER has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, change up password and contact Us to review of Your account. 

Payments 

As a User, you agree that all approved charges are due at time of completion of the item(s) move as well as any tolls, fees or taxes as set forth in your city / state.

  • An approximate charge is shown on the App for the User before accepting the move and requesting the Driver. A final charge amount is given the User on the App at the completion of the move to confirm.
  • Charges are calculated by type / size of vehicle, miles of the trip, time taken, and weight of the item(s). These variables may be different in each region and very with market conditions. The basic charge in normally in the range of $28.00 to $45.00 on average, the minimum change is $28.00 All pricing will be determined by EZER in its sole discretion. EZER reserves the right to change pricing and administration percentages at any time without notice.
  • Facilitation of Payment. All Charges are facilitated through a third-party payment processing service (Braintree, a division of PayPal, Inc.). EZER reserves the right to replace third-party payment processing services without notice. Cash payments are strictly prohibited.
  • A User has the option to tip a Driver in the EZER System upon the completion of the move. The Driver will receive 100% of the tip given. Tips and Gratuities are voluntary from the User.
  • Cancellation Fee. In the event that a User cancels a request for services on the EZER System when the driver is at the origin location or in-route to this location, this User agrees to pay a “Cancellation Fee” of $20.00. If the driver has arrived and there is waiting involved before the order is canceled, there is an additional $20 per hour charge.
  • EZER may make promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. EZER may change its Administrative Fee as we deem necessary for our business. We encourage You to check this Agreement periodically if You are interested in keeping abreast of the rate of our Administrative Fee.
  • The full amount of the Charge is charged immediately following completion of requested move to the User’s authorized credit. All payments made are non-refundable. This no-refund policy shall apply at all times regardless of a User’s decision to terminate usage of EZER, our decision to terminate a User’s usage, disruption caused to our Services either planned, act of God, accidental or intentional, or any other reason whatsoever.

As a Driver, you are offering your vehicle through the EZER System and a helping hand to move a User’s item(s). You authorize EZER to arrange and adjust pricing on Your behalf to account for adjusting market conditions. EZER will withhold an administration fee of 30% from the total charge per move that will cover the payment processing, cargo insurance fees and all overhead costs. You will receive all remaining amounts as well as any tips provided by the User for your service. EZER will process all payments due through the third party processor. You agree that all amounts due shall not include interest and will be net of any administration fees and amounts we are required to withhold by law. EZER reserves the right to withhold or delay payment of a portion of a User’s entire fee if it is believed there was an attempt to defraud or abuse the EZER system and / or the payment processor. 

Your Information 

Your Information is any information You provide to the EZER System or send to other Users in the registration or in any public message area or through any email feature (“Your Information”). You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the EZER System, You agree to provide accurate, current and complete information as requested by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services. 

By accepting this Agreement, a Driver agrees and authorizes that We may obtain information about the Driver, including without limitation the Driver’s driving record, background information, and criminal record. 

Driver Representations and Warranties 

By using the EZER System, a Driver agrees that:

  • Driver is 18 years of age or older.
  • Driver has the ability to lift and carry items up to or exceeding 50 pounds.
  • Driver will not allow any User to ride along, or occupy the Driver’s vehicle as part of the delivery services.
  • Driver possesses a valid and current driver’s license.
  • Driver owns, or has the legal right to operate the vehicle.
  • This vehicle is in good condition, all vehicles will be considered.
  • This vehicle meets all industry standards as well as state department of motor vehicles for this type of vehicle.
  • Driver is to obey and follow all local and state laws related to moving items for Users and the Driver is solely responsible for any violation of the laws.
  • Driver shall at all time maintain a valid insurance policy of liability and you are a named driver on this policy.
  • Driver and his Insurance Policy shall be solely responsible for coverage for any and all claims or incidents that occur during the moving and relocating the User’s item(s).
  • In the event of any claim or a motor vehicle accident, the Driver will be solely responsible for reporting this incident in compliance with the requirements of any applicable statutory or department of motor vehicles requirements or as required by User’s insurance company. Further, the Driver shall report all incidents, claims, or accidents promptly with Driver’s insurance carrier.
  • At the origin location, the Driver will inspect and photograph all items to be moved to record any current imperfections or preexisting damage. At the destination, the Driver will again inspect and photograph all items to record the items conditions. In the event the User claims its items were damaged, the Driver will note, photograph and describe the alleged damages and immediately notify EZER.
  • In the event the item(s) are in a sealed box or cannot otherwise be identified by the Driver, the User agrees that the maximum claim for damage may be made in such an event up to $50.00
  • The Driver may not make any false or misrepresentations of the EZER System to provide service for a current or potential User for profit or otherwise seek non-voluntary compensation from Users.
  • The Driver will agree to provide services to Users in the vehicle that has been submitted and recorded in the EZER system.
  • A Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation in violation of any State or Federal Law or State or Federal Constitution.

As a Driver using the EZER System, I hereby acknowledge that I will be an independent contractor and not an employee of EZER, Inc. I will submit a W-9 Form, pursuant to which I authorize EZER, Inc. to issue a 1099 statement for any payments processed for me for services rendered. 

Term and Termination 

This Agreement is effective upon use of the EZER System or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. As a User, You may terminate Your participation in the EZER System at any time, for any reason upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in the EZER System by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. As a Driver, You may be terminated from the EZER System for any of the following issues including unsafe and illegal operation of your vehicle; unsafe, threating, or unprofessional interactions with Users or the public; misrepresentation of the EZER System or EZER Inc.; or not agree with and adhering to the Driver Representation and Warranties listed above. Upon such termination, We will remove all of Your information from Our servers, though We may retain an archived copy of records We have about You as required by law or for legitimate business purposes. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the EZER System is terminated, this Agreement will remain in effect. 

Restricted Activities 

In addition to what is previously stated and agreed to, You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. EZER reserves the right as warranted to investigate and terminate Your participation in the EZER System if You have misused the EZER System, or operated in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. 

With respect to Your participation on the EZER System or through the Services, You agree that You will not:

  • Impersonate any person or entity
  • Stalk, threaten or otherwise harass any person
  • Carry any weapons
  • Violate any laws, ordinances or regulations
  • Interfere with or disrupt the EZER System or use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the EZER System or its contents
  • Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights
  • Remove any copyright, trademark or other proprietary rights notices contained in the EZER System
  • Post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.

You further agree that Your Information and Your interactions on the EZER System shall not

  • Be false, inaccurate or misleading (directly or by failure to update information)
  • Infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  • Violate any law, statute, ordinance or regulation
  • Be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material.
  • Contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language.
  • Include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section.
  • Create liability for Us or cause Us to become subject to regulation as a transportation carrier.
  • Link directly or indirectly to any other web sites
  • You further agree that You will not transfer, use, or sell Your EZER account and/or ID to any another party.

We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions. Violation of any provision of this section will allow EZER to seek an immediate injunctive relief and seek damages for the violation of any provision of this paragraph. 

Insurance 

EZER maintains an insurance policy with excess cargo insurance up to $1,000,000 per occurrence. The policy offers excess liability protection over a Driver’s existing insurance while such Driver is transporting the personal items of a User on a trip arranged through the EZER System. The policy coverage is limited to liability only and does not provide coverage for collision, comprehensive or wear and tear damage to a Driver’s vehicle. As with any insurance policy, additional insurance terms, requirements, limitations, and exclusions apply. We do not procure insurance for, nor are we responsible for, personal belongings left in the vehicle by Driver(s). 

In addition, EZER maintains as an excess policy of insurance a policy that covers any damage to the item(s) that may be moved, and relocated as part of EZER services. This policy is in excess of the Driver’s policy. As with any insurance policy, additional terms and requirements, limitations and exclusions apply. 

This is an unofficial summary of EZER’s master insurance policy and may not always be up-to-date. None of the statements in this section should be interpreted as binding or representation of any specific type, kind or limit of insurance coverage and are provided for quick reference only. 

EZER facilitates moves of personal items between Users and independent Drivers using their own personal vehicles. EZER is required to maintain an insurance policy providing a minimum of $1,000,000 (one million dollars) per-incident coverage for incidents involving vehicles and Drivers while they are using the EZER System. 

EZER maintains limited liability insurance in the event that the Driver’s vehicle and/or the item(s) sustain any damage. The amount of said claim and the procedures to file/recover said claim are strictly limited. 

Proprietary Rights 

EZER owns and retains ownership in the EZER System, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, EZER hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable right to participate in and use the EZER System on (a) any Android device that You own or control and/or (b) any iPhone or iPad that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). 

This agreement does not allow You to rent, lease, lend, sell, redistribute or sublicense the EZER System. You may not copy (except as expressly permitted by this agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the EZER System, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of EZER and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by EZER that replace and/or supplement the EZER System, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 

You warrant and represent to Us that Your Information is posted by You is truthful and correct and that You are the sole author of Your Information. To enable the EZER System to use Your Information without violating any rights You might have in such information, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other Participants, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your Information and Your Content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to Your Information. EZER will only use Your Information and Content in accordance with Our Privacy Policy. You may remove Your Content or Your Information from the EZER System at any time. If You choose to remove Your Content or Your Information, the permissive use granted above will automatically expire, however You acknowledge that EZER may retain archived copies of Your Content. EZER does not assert any ownership over Your Content; rather, as between Us and You, subject to the rights granted to Us in these Terms of Service, You retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content. In addition, other Participants may post copyrighted information on the EZER System, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information of other Participants on the EZER System. 

Information Control 

Location data provided by the EZER System is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither EZER, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services. 

Any of Your Information, including geolocational data, You upload, provide, or post on the EZER System may be accessible to certain Users of the EZER System. We cannot verify or guarantee the accuracy of the information Users provide Us on the EZER System, and We do not control the information provided by other Users that is made available through Our system. Therefore, EZER cannot and does not confirm each User’s purported identity. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the EZER System. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the EZER System, You agree to accept such risks and EZER is not responsible for the acts or omissions of users on the EZER System. We also encourage You to communicate directly with each potential Driver or User prior to engaging in an arranged transportation service. 

Information Control 

Location data provided by the EZER System is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither EZER, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services. 

Any of Your Information, including geolocational data, You upload, provide, or post on the EZER System may be accessible to certain Users of the EZER System. We cannot verify or guarantee the accuracy of the information Users provide Us on the EZER System, and We do not control the information provided by other Users that is made available through Our system. Therefore, EZER cannot and does not confirm each User’s purported identity. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the EZER System. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the EZER System, You agree to accept such risks and EZER is not responsible for the acts or omissions of users on the EZER System. We also encourage You to communicate directly with each potential Driver or User prior to engaging in an arranged transportation service. 

EZER E-mail and Text Communications 

E-mail communications and text messages sent from Us or through Us are designed to make Your EZER experience more efficient. By becoming a User and/or Driver, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include message notification e-mails, e-mails or text messages informing You about potential available Drivers or Users and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. EZER reserves the right to cancel the notification service at any time. 

Intellectual Property 

All intellectual property rights on the EZER System and in the Services shall be owned by EZER absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the EZER System are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the EZER System or the Services (“Submissions”), provided by You to Us are non-confidential and shall become the sole property of EZER. EZER shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You. 

Indemnity 

You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including: (a) Your breach of this Agreement or the documents it incorporates by reference; (b) Your violation of any law or the rights of a third party, including, without limitation, Drivers, Users, other motorists, and pedestrians, as a result of Your own interaction with such third party; (c) any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (d) Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of services to Users; (e) any damages or losses incurred with respect to personal items that are being hauled; and/or (f) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person; and/or (f) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. This agreement is to be construed in accordance with the laws of the State of California. In the event of a dispute, venue shall be Los Angeles County, State of California. 

Online Content Disclaimer 

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the “Content”) that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law. The EZER System contains (or You may be sent through the EZER System or the Services) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the EZER System or any Third Party Applications, Software or Content posted on, available through or installed from the EZER System, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the EZER System and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the EZER System or relating to any applications You use or install from the EZER System. 

Other Disclaimers 

We, Our subsidiaries, officers, directors, employees and our suppliers provide the EZER System and the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the EZER System and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the EZER System or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible for any damage or loss incurred to any personal items that are being transported by a Driver or any personal injuries sustained by a Driver in connection with such transport. We are not responsible or liable in any manner for any Content posted on the EZER System or in connection with the Service, whether posted or caused by Users of the EZER System, by EZER, by third parties or by any of the equipment or programming associated with or utilized in the EZER System or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the EZER System and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the EZER System or in connection with any Content. EZER is not responsible for the conduct, whether online or offline, of any user of the EZER System or Services. It also is possible for others to obtain personal information about You due to Your use of the EZER System or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the EZER System or through the Services. 

You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the EZER System or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or “hackers”). EZER only offers a venue that enables Drivers and Users to match with each other. EZER does not offer transportation services or moving services and EZER is not a transportation or moving company. We are not involved in the actual transportation and moving services provided by Drivers to Users. As a result, We have no control over the quality or safety of the moving services that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the EZER System. We cannot ensure that a Driver or User is who he or she claims to be or that a Driver or User will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the EZER System and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by EZER or the EZER System. 

The EZER System and the Services may be temporarily unavailable from time to time for maintenance or other reasons. EZER assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. EZER is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the EZER System, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services. 

Limitation of Liability 

In no event will We, Our subsidiaries, officers, directors, employees, or shareholders or Our suppliers, be liable to You for any incidental, consequential, direct or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by Our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with EZER, Our services or this Agreement (however arising, including negligence) even if We or Our agents or representatives know or have been advised of the possibility of such damages. We do not screen the participants using the services in any way. As a result, We will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of EZER or the services, including, without limitation, to damages arising out of communicating and/or meeting with other participants of EZER or the services, or introduced to you via EZER or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of Our subsidiaries, officers, directors, employees, shareholders and suppliers, to You or any third parties in any circumstance is limited to $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions or limitations may not apply to You, and You may have additional rights. 

EZER has no responsibility whatsoever for the actions or conduct of Drivers or Users. We have no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Users, or third parties. Responsibility for the decisions you make regarding providing or accepting of the Driver or User or in the moving, relocation or messaging of the User’s items rest solely with You. It is each User’s and Driver’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. EZER may but has no responsibility to screen or otherwise evaluate potential Driver’s or User’s. Users understand and accept that EZER has no control over the identity or actions of the User’s and Drivers, and EZER requests that users exercise caution and good judgment when using the services. Drivers and User’s use the services at their own risk. 

Release 

In the event that You have a dispute with one or more Users or against one or more Drivers, You agree to release EZER (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or Drivers or to Your use of the EZER System or the Services. 

Confidentiality 

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to EZER’s business, operations and properties (“Confidential Information”) disclosed to You by EZER for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of EZER in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to EZER with regard to any Confidential Information which You can prove: was in the public domain at the time it was disclosed by EZER or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of EZER; becomes known to You, without restriction, from a source other than EZER without breach of this Agreement by You and otherwise not in violation of EZER’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to EZER to enable EZER to seek a protective order or otherwise prevent or restrict such disclosure. 

General 

You agree that this Agreement and all incorporated agreements may be automatically assigned by EZER, in Our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and EZER with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement. 

Contacting EZER 

If You have any questions about the Terms of Service, the privacy statement, or Your dealings with EZER, You may contact Us at Questions@getezer.com.