EZR Mobile Terms of Service & Privacy Policy

 

Welcome to the use of EZR text message-based services (the “Services”) is subject to the following Terms of Service.  These terms constitute a legal agreement (the “Agreement”).  Please read them carefully.

By using the Services you agree to these Terms of Service set forth below as they may be updated from time to time by EZR. We may modify these Terms of Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party. Please visit this page frequently to check for changes in these Terms of Service. The date of the last update will be posted at the top of these Terms of Service for your convenience. Your continued use of the Services following the posting of any changes to these Terms of Service constitutes your full acceptance of those changes.


Opting In:

You can opt into this program via text message from your mobile phone:


Help/Contact:

If you have any additional questions regarding this agreement, contact us at any time:

Email: [email protected]

Call:1-866-414-3423, 9am-5pm Pacific Time

Reply HELP to any message you have received from us to obtain help on your mobile phone.


Terminating the Service:

You may terminate any of the services or subscriptions at any time:

Reply STOP to any message you have received from us to opt out of text alerts at any time.

You agree that EZR, at its sole discretion, may at any time terminate your use of all or any portion of the Services and/or change its content offering made available through the Services, if EZR believes that you have violated or acted inconsistently with this Agreement. You agree that EZR shall not be liable to you or any third party for any termination of your access to the Services.

Description of the Services

You acknowledge and agree that the Services are for your personal use only. You may not use the Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of the Services, you must enter into an agreement with EZR to do so in advance. Please contact us for more information.

EZR occasionally provides links or access to websites, services or properties owned by third parties (collectively “Third Party Links”). EZR does not own or operate such Third Party Links and is not responsible for the content or performance of any Third Party Links.


Frequency of Messaging

EZR alerts are delivered via text messaging to your mobile phone, 1 msg/week.


Access to the Services

In order to use the Services, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which EZR makes the Services available as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access.

YOUR CARRIER’S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER’S CUSTOMER SUPPORT TEAM.

Supported Carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, CellularOne, Virgin Mobile, U.S. Cellular, Metro PCS.

The Wireless Carriers are not liable for delayed or undelivered messages. In addition, you must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service.

If any upgrade in or to the Services requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services shall be subject to the terms and conditions of this Agreement.

EZR reserves the right at any time and from time to time to modify, suspend, limit the use of, discontinue or permanently cancel all or any portion of the Services. EZR uses reasonable efforts to ensure that the Services are always available. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. By using the Services, you agree that EZR will not be liable to you for any modification, suspension or discontinuance of the Services.


Conduct

You agree to not use the Services to transmit any unsolicited or unauthorized advertising, promotional materials or “spam”. You agree not to assume the identity of any individual other than yourself or to use a mobile telephone number belonging to a third party without their permission. You agree not to use the Services in any way which: (i) restricts or inhibits any other users from using and enjoying the Services; (ii) transmits a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware, telecommunications equipment or system; (iii) is intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of the Services; (iv) monitors or copies content from the Services by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; (v) imposes an unreasonable or disproportionately large load on our infrastructure; (vi) involves fraudulent or illegal activities; (vii) transmits content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party, including through the selection of a user or screen name or (viii) is intended to harass or annoy others.

 


Privacy

We will not share, rent or sell your Personal Information to any 3rd parties unless we have your consent. We may use or disclose such information in any of the following limited circumstances:

          • We have your consent.
          • We need to enforce our Terms of Use.
          • We provide such information to a company controlled by, or under common control with, EZR Mobile for any purpose permitted by this Policy.
          • We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
          • We believe it is necessary to share Personal Information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of EZR Mobile’s Terms of Use, or as otherwise required by law.
          • We transfer Personal Information about you if EZR Mobile is, or its assets are, acquired by or merged with another company.


Submissions

Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent by you to EZR shall be and remain the exclusive property of EZR. Your submission of any such Comments shall constitute an assignment to EZR of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. EZR will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. EZR expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.


Trademarks, Names and Logos

All trademarks, names and logos used on EZR’s website or delivered via the Services are owned by EZR or EZR’s third party licensors (unless otherwise stated). Your use of the Services and our website does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of the Services or our website. Without EZR’s prior permission, you agree not to display or use in any manner, the EZR trademarks, names and logo.


Copyright Infringement

EZR is not responsible for any violations of any intellectual property rights by any user of the Services. If you believe that your intellectual property rights have been infringed by another user please us EZR at [email protected]. Upon receiving your complaint, we may, in our sole discretion, terminate the account of the user who appears to be infringing your intellectual property rights.


Age Requirements and Service Limitations

Users of the Services must be at least 13 years of age. By using the Services, you are representing that you are at least 18 or that you are at least 13 years old and have your parents’ permission to use the service.

We reserve the right to terminate any account for non-use of longer than 90 days.

You are solely responsible for all security information relating to your use of the Services, and are fully responsible for all activities that occur under your mobile phone number.


Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR — USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EZR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EZR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE — USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.