| Experienced Traders Helping You Achieve Success, Your Own Way |
EZ TRADERS USER AGREEMENT
Current as of May 8, 2006
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY EZ TRADERS WEBSITE YOU AGREE TO ABIDE BY THE
TERMS AND CONDITIONS OF THIS USER AGREEMENT ("AGREEMENT") BETWEEN YOU AND EZ TRADERS. IF YOU DO NOT
WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
You hereby acknowledge and agree as follows:
License Grant.
Enlightened Zen Traders, LLC. ("EZ Traders"), a corporation organized and existing under the laws of the State of Utah, hereby
grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the EZ Traders
Website, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the
terms and conditions set forth in this User Agreement (the "Agreement").
The EZ Traders Website. The “EZ Traders Website" includes, as applicable and without limitation:
(a) EZ Traders' on-line computer system including all electronic databases and services accessed by or through EZ Traders' on-
line computer system, and individual items within those databases or services which may constitute independent works of
authorship;
(b) all documentation, including user manuals, operations manuals and the like provided to you by or for EZ Traders, for use in
connection with the on-line computer system; and
(c) any other courses, video presentations, audio presentations, slideshows, software, products, services, data or information
provided by EZ Traders system (collectively referred to herein as "information").
Ownership, Use and Intellectual Property Rights.
The EZ Traders Website is the valuable, exclusive property of EZ Traders or its licensors, and nothing in this Agreement shall
be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You have a
license to use the EZ Traders Website, as long as you comply with the terms of this Agreement or until EZ Traders terminates
this Agreement or your access rights. Ownership of the EZ Traders Website, and any documentation or information, shall remain
at all times with EZ Traders or its licensors. The EZ Traders Website is protected by contract law and intellectual property law,
including domestic and international copyright law, and all intellectual property rights in the EZ Traders Website belong to EZ
Traders or its licensors.
If EZ Traders provides you with an access identification, you may not allow concurrent use of the EZ Traders Website by multiple
users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to
access the EZ Traders Website. You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any
portion of the EZ Traders Website. You may store in the memory of your computer and may manipulate, analyze, reformat, print
and/or display for your use only, the information received or accessed through the EZ Traders Website pursuant to this
Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable,
machine-readable database. Unless separately and specifically authorized in writing by an officer of EZ Traders, you may not
rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the EZ Traders
Website, any part thereof, or any of the information received or accessed therefrom, to or through any other person or entity. All
rights not granted to you herein are expressly reserved by EZ Traders or its licensors. EZ Traders and its licensors reserve all
rights to enforce their copyright and intellectual property rights.
Delays in Services; Force Majeure.
Any delays in or failure of performance by EZ Traders or any of its licensors, service providers or service sponsors (including its
and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims
for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment
failures, telephone interconnect problems, defects, or occurrences beyond EZ Traders' control, including but not limited to acts
of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed
conflicts, acts of war, or sabotage. EZ Traders shall have no responsibility to provide you access to the EZ Traders Website
while interruption of the EZ Traders Website due to any such or similar cause shall continue.
Termination.
This Agreement and the limited license rights granted hereunder shall remain in full force and effect unless terminated or
canceled for any of the following reasons:
(a) immediately by EZ Traders for any unauthorized access or use by you, including, without limitation:
(b) concurrent access of the EZ Traders Website by multiple users utilizing identical user identification numbers;
(c) permitting another person or entity to use your user identification number to access the EZ Traders Website; or
(d) any other access or use of the EZ Traders Website except as expressly provided in this Agreement.
(e) immediately by EZ Traders if you assign or transfer (or attempt to assign or transfer) any rights granted to you under this
Agreement;
(f) immediately by EZ Traders if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of
the software and/or data files contained in or accessed through, the EZ Traders Website;
(g) immediately by EZ Traders if you transmit or receive using the EZ Traders Website (or cause the transmission or receipt of)
any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to
any other user, company, or any other person or business entity. EZ Traders, in its sole discretion, shall determine whether any
information transmitted or received violates this provision; immediately by EZ Traders if you violate any of the other terms and
conditions of this Agreement; or
(f) immediately upon termination of your subscription to the EZ Traders Website.
Termination or cancellation of this Agreement shall not affect any other right or relief to which EZ Traders may be entitled,
whether at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to EZ Traders.
Regardless of the reason for cancellation or termination of this Agreement. On termination of this Agreement, as requested by
EZ Traders, you agree to erase and destroy any copies of the EZ Traders Website you have made. You agree to certify to EZ
Traders your compliance with these requirements in writing upon EZ Traders' request. All provisions in this Agreement, relating
to proprietary rights, indemnification and limitation of liability shall survive termination of this Agreement.
Monitoring.
You acknowledge that EZ Traders reserves the right to, and that EZ Traders may from time to time choose to, monitor any and
all information transmitted or received through the EZ Traders Website. EZ Traders, in its sole discretion and without further
notice to you, may review, censor or prohibit the transmission or receipt of any information which EZ Traders deems
inappropriate (such as that specified in subparagraph (d) of the Termination paragraph above,) or that EZ Traders determines
violates any term or condition of this Agreement.
Equipment and Operation.
You shall provide and maintain all telephone and other equipment necessary to access the EZ Traders Website, and the costs
of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You
shall reimburse EZ Traders for any such costs incurred by EZ Traders due to use of the EZ Traders Website by you; such
reimbursement shall be billed to you and payable in accordance with your payment for access to the EZ Traders Website. You
are responsible for operating your own equipment and for familiarity with the information (e.g., calculations and reports) used
with or available through the EZ Traders Website. EZ Traders reserves the right to refuse assistance or to charge additional
fees if you seek assistance from EZ Traders with respect to such basic background information or any other matters not directly
relating to the operation of the EZ Traders Website. Neither EZ Traders nor its licensors shall have any responsibility to provide
you with alternate access to the EZ Traders Website if your access is interrupted due to a breakdown or failure of your
equipment.
Warranty Disclaimer.
You acknowledge that the information provided through the EZ Traders Website is compiled from sources, which are beyond the
control of EZ Traders. Though such information is recognized by the parties to be generally reliable during the term of this
Agreement, you acknowledge that inaccuracies may occur and EZ Traders and its licensors do not warrant the accuracy or
suitability of the information for any particular purpose. The information is provided by EZ Traders and its licensors for your
personal information only, and is not intended for trading purposes. Information on this site is does not constitute advice
(investment, tax, legal) amounting to investment advice, or make any recommendations regarding particular financial
instruments, investments or products. Neither EZ Traders nor its licensors shall be liable for any errors, inaccuracies or delays in
content, or for any actions taken by you in reliance thereon. EZ Traders makes reasonable efforts to obtain reliable content from
third parties, but EZ Traders does not guarantee the accuracy of or endorse the views or opinions given by any third parties.
The EZ Traders Website may point to other Internet sites that may be of interest to you, however, EZ Traders does not endorse
or take responsibility for the content on such other sites. YOU ACKNOWLEDGE THAT THE EZ TRADERS WEBSITE IS
PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. EZ TRADERS AND ITS LICENSORS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY
WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF
TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, EZ
TRADERS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT (i) THAT THE EZ TRADERS WEBSITE WILL MEET
YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS, (ii) THAT THE ACCESS OR USE OF THE EZ TRADERS
WEBSITE WILL BE ERROR-FREE, OR (iii) THE ACCURACY OF ANY DATA OR INFORMATION YOU INPUT INTO OR PROCESS
WITH THE EZ TRADERS WEBSITE OR THE RESULTS OF ANY SUCH PROCESSING. YOU ARE SOLELY RESPONSIBLE FOR
ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING
THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
Limitation of Liability; Disclaimer of Consequential Damages.
YOU AGREE THAT EZ TRADERS AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE EZ
TRADERS WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF EZ TRADERS AND ITS LICENSORS HAVE BEEN ADVISED
OF THE POSSIBLITY OF SUCH DAMAGES.
NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART
OF EZ TRADERS OR ITS LICENSORS BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY
ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF EZ TRADERS OR ITS LICENSORS OR OTHERWISE, SUCH
LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO THE LESSER OF TEN PERCENT (10%) OF THE
SUMS PAID TO EZ TRADERS BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, AS LIMITED DAMAGES AND
NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION
OR LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT EZ TRADERS WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES
OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE EZ TRADERS WEBSITE OR
THE ACCESS SOFTWARE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD EZ TRADERS
HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR
COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.
THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
IN NO EVENT SHALL EZ TRADERS OR ITS LICENSORS BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE
MONETARY LOSSES DUE TO YOUR USE OF THE EZ TRADERS WEBSITE.
Indemnification.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EZ TRADERS AND ITS LICENSORS (INCLUDING ITS
AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS)
FOR AND AGAINST ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS
AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE EZ TRADERS WEBSITE, INCLUDING
THE INFORMATION OBTAINED THROUGH THE EZ TRADERS WEBSITE.
X. Export Control.
This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United
States of America of the EZ Traders Website and access software or information about the EZ Traders Website and access
software that may be imposed from time to time by the government of the United States of America. You agree that you are not
in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for
compliance with the laws of your local jurisdiction regarding import or export of the EZ Traders Website and access software.
XI. No Conflicting Terms.
If there is any conflict between this Agreement, any purchase order, any help text, manuals or other documents relating to the
EZ Traders Website, this Agreement shall govern, whether such order or other documents is prior to or subsequent to this
Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of EZ Traders.
XII. Attorney's Fees.
If EZ Traders takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including
collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, EZ
Traders shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney's fees and all costs of
any litigation.
XIV. Governing Law; Limitations; Venue.
This Agreement shall be governed by the laws of the State of Texas, excluding any rule or principle that would refer to and apply
the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action
arising from or relating to your access and use of the EZ Traders Website contemplated by this Agreement must be instituted
within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of
action may only be brought in the state or federal courts located in Houston, Harris County, Texas, and you agree to submit to
the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service
of process.
XV. Severability.
If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision
so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such
provision); and, as so reformed or modified, fully enforce this Agreement.
XVI. Entire Agreement.
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and no other
agreement as to such subject matter, written or oral, exists.
XVII. Changes.
EZ Traders and its licensors reserve the right to make changes or modifications to the EZ Traders Website and this Agreement.
Display of notice of changes online at EZ Traders' website where you access the EZ Traders Website shall constitute effective
notice under this Agreement on the day EZ Traders places the changes on-line on its website, and your continued use of the EZ
Traders Website thereafter shall constitute your acceptance of such changes or modifications.
Current as of May 8, 2006
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY EZ TRADERS WEBSITE YOU AGREE TO ABIDE BY THE
TERMS AND CONDITIONS OF THIS USER AGREEMENT ("AGREEMENT") BETWEEN YOU AND EZ TRADERS. IF YOU DO NOT
WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
You hereby acknowledge and agree as follows:
License Grant.
Enlightened Zen Traders, LLC. ("EZ Traders"), a corporation organized and existing under the laws of the State of Utah, hereby
grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the EZ Traders
Website, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the
terms and conditions set forth in this User Agreement (the "Agreement").
The EZ Traders Website. The “EZ Traders Website" includes, as applicable and without limitation:
(a) EZ Traders' on-line computer system including all electronic databases and services accessed by or through EZ Traders' on-
line computer system, and individual items within those databases or services which may constitute independent works of
authorship;
(b) all documentation, including user manuals, operations manuals and the like provided to you by or for EZ Traders, for use in
connection with the on-line computer system; and
(c) any other courses, video presentations, audio presentations, slideshows, software, products, services, data or information
provided by EZ Traders system (collectively referred to herein as "information").
Ownership, Use and Intellectual Property Rights.
The EZ Traders Website is the valuable, exclusive property of EZ Traders or its licensors, and nothing in this Agreement shall
be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You have a
license to use the EZ Traders Website, as long as you comply with the terms of this Agreement or until EZ Traders terminates
this Agreement or your access rights. Ownership of the EZ Traders Website, and any documentation or information, shall remain
at all times with EZ Traders or its licensors. The EZ Traders Website is protected by contract law and intellectual property law,
including domestic and international copyright law, and all intellectual property rights in the EZ Traders Website belong to EZ
Traders or its licensors.
If EZ Traders provides you with an access identification, you may not allow concurrent use of the EZ Traders Website by multiple
users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to
access the EZ Traders Website. You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any
portion of the EZ Traders Website. You may store in the memory of your computer and may manipulate, analyze, reformat, print
and/or display for your use only, the information received or accessed through the EZ Traders Website pursuant to this
Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable,
machine-readable database. Unless separately and specifically authorized in writing by an officer of EZ Traders, you may not
rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the EZ Traders
Website, any part thereof, or any of the information received or accessed therefrom, to or through any other person or entity. All
rights not granted to you herein are expressly reserved by EZ Traders or its licensors. EZ Traders and its licensors reserve all
rights to enforce their copyright and intellectual property rights.
Delays in Services; Force Majeure.
Any delays in or failure of performance by EZ Traders or any of its licensors, service providers or service sponsors (including its
and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims
for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment
failures, telephone interconnect problems, defects, or occurrences beyond EZ Traders' control, including but not limited to acts
of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed
conflicts, acts of war, or sabotage. EZ Traders shall have no responsibility to provide you access to the EZ Traders Website
while interruption of the EZ Traders Website due to any such or similar cause shall continue.
Termination.
This Agreement and the limited license rights granted hereunder shall remain in full force and effect unless terminated or
canceled for any of the following reasons:
(a) immediately by EZ Traders for any unauthorized access or use by you, including, without limitation:
(b) concurrent access of the EZ Traders Website by multiple users utilizing identical user identification numbers;
(c) permitting another person or entity to use your user identification number to access the EZ Traders Website; or
(d) any other access or use of the EZ Traders Website except as expressly provided in this Agreement.
(e) immediately by EZ Traders if you assign or transfer (or attempt to assign or transfer) any rights granted to you under this
Agreement;
(f) immediately by EZ Traders if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of
the software and/or data files contained in or accessed through, the EZ Traders Website;
(g) immediately by EZ Traders if you transmit or receive using the EZ Traders Website (or cause the transmission or receipt of)
any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to
any other user, company, or any other person or business entity. EZ Traders, in its sole discretion, shall determine whether any
information transmitted or received violates this provision; immediately by EZ Traders if you violate any of the other terms and
conditions of this Agreement; or
(f) immediately upon termination of your subscription to the EZ Traders Website.
Termination or cancellation of this Agreement shall not affect any other right or relief to which EZ Traders may be entitled,
whether at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to EZ Traders.
Regardless of the reason for cancellation or termination of this Agreement. On termination of this Agreement, as requested by
EZ Traders, you agree to erase and destroy any copies of the EZ Traders Website you have made. You agree to certify to EZ
Traders your compliance with these requirements in writing upon EZ Traders' request. All provisions in this Agreement, relating
to proprietary rights, indemnification and limitation of liability shall survive termination of this Agreement.
Monitoring.
You acknowledge that EZ Traders reserves the right to, and that EZ Traders may from time to time choose to, monitor any and
all information transmitted or received through the EZ Traders Website. EZ Traders, in its sole discretion and without further
notice to you, may review, censor or prohibit the transmission or receipt of any information which EZ Traders deems
inappropriate (such as that specified in subparagraph (d) of the Termination paragraph above,) or that EZ Traders determines
violates any term or condition of this Agreement.
Equipment and Operation.
You shall provide and maintain all telephone and other equipment necessary to access the EZ Traders Website, and the costs
of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You
shall reimburse EZ Traders for any such costs incurred by EZ Traders due to use of the EZ Traders Website by you; such
reimbursement shall be billed to you and payable in accordance with your payment for access to the EZ Traders Website. You
are responsible for operating your own equipment and for familiarity with the information (e.g., calculations and reports) used
with or available through the EZ Traders Website. EZ Traders reserves the right to refuse assistance or to charge additional
fees if you seek assistance from EZ Traders with respect to such basic background information or any other matters not directly
relating to the operation of the EZ Traders Website. Neither EZ Traders nor its licensors shall have any responsibility to provide
you with alternate access to the EZ Traders Website if your access is interrupted due to a breakdown or failure of your
equipment.
Warranty Disclaimer.
You acknowledge that the information provided through the EZ Traders Website is compiled from sources, which are beyond the
control of EZ Traders. Though such information is recognized by the parties to be generally reliable during the term of this
Agreement, you acknowledge that inaccuracies may occur and EZ Traders and its licensors do not warrant the accuracy or
suitability of the information for any particular purpose. The information is provided by EZ Traders and its licensors for your
personal information only, and is not intended for trading purposes. Information on this site is does not constitute advice
(investment, tax, legal) amounting to investment advice, or make any recommendations regarding particular financial
instruments, investments or products. Neither EZ Traders nor its licensors shall be liable for any errors, inaccuracies or delays in
content, or for any actions taken by you in reliance thereon. EZ Traders makes reasonable efforts to obtain reliable content from
third parties, but EZ Traders does not guarantee the accuracy of or endorse the views or opinions given by any third parties.
The EZ Traders Website may point to other Internet sites that may be of interest to you, however, EZ Traders does not endorse
or take responsibility for the content on such other sites. YOU ACKNOWLEDGE THAT THE EZ TRADERS WEBSITE IS
PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. EZ TRADERS AND ITS LICENSORS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY
WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF
TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, EZ
TRADERS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT (i) THAT THE EZ TRADERS WEBSITE WILL MEET
YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS, (ii) THAT THE ACCESS OR USE OF THE EZ TRADERS
WEBSITE WILL BE ERROR-FREE, OR (iii) THE ACCURACY OF ANY DATA OR INFORMATION YOU INPUT INTO OR PROCESS
WITH THE EZ TRADERS WEBSITE OR THE RESULTS OF ANY SUCH PROCESSING. YOU ARE SOLELY RESPONSIBLE FOR
ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING
THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
Limitation of Liability; Disclaimer of Consequential Damages.
YOU AGREE THAT EZ TRADERS AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE EZ
TRADERS WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF EZ TRADERS AND ITS LICENSORS HAVE BEEN ADVISED
OF THE POSSIBLITY OF SUCH DAMAGES.
NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART
OF EZ TRADERS OR ITS LICENSORS BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY
ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF EZ TRADERS OR ITS LICENSORS OR OTHERWISE, SUCH
LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO THE LESSER OF TEN PERCENT (10%) OF THE
SUMS PAID TO EZ TRADERS BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, AS LIMITED DAMAGES AND
NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION
OR LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT EZ TRADERS WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES
OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE EZ TRADERS WEBSITE OR
THE ACCESS SOFTWARE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD EZ TRADERS
HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR
COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.
THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
IN NO EVENT SHALL EZ TRADERS OR ITS LICENSORS BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE
MONETARY LOSSES DUE TO YOUR USE OF THE EZ TRADERS WEBSITE.
Indemnification.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EZ TRADERS AND ITS LICENSORS (INCLUDING ITS
AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS)
FOR AND AGAINST ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS
AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE EZ TRADERS WEBSITE, INCLUDING
THE INFORMATION OBTAINED THROUGH THE EZ TRADERS WEBSITE.
X. Export Control.
This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United
States of America of the EZ Traders Website and access software or information about the EZ Traders Website and access
software that may be imposed from time to time by the government of the United States of America. You agree that you are not
in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for
compliance with the laws of your local jurisdiction regarding import or export of the EZ Traders Website and access software.
XI. No Conflicting Terms.
If there is any conflict between this Agreement, any purchase order, any help text, manuals or other documents relating to the
EZ Traders Website, this Agreement shall govern, whether such order or other documents is prior to or subsequent to this
Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of EZ Traders.
XII. Attorney's Fees.
If EZ Traders takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including
collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, EZ
Traders shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney's fees and all costs of
any litigation.
XIV. Governing Law; Limitations; Venue.
This Agreement shall be governed by the laws of the State of Texas, excluding any rule or principle that would refer to and apply
the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action
arising from or relating to your access and use of the EZ Traders Website contemplated by this Agreement must be instituted
within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of
action may only be brought in the state or federal courts located in Houston, Harris County, Texas, and you agree to submit to
the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service
of process.
XV. Severability.
If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision
so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such
provision); and, as so reformed or modified, fully enforce this Agreement.
XVI. Entire Agreement.
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and no other
agreement as to such subject matter, written or oral, exists.
XVII. Changes.
EZ Traders and its licensors reserve the right to make changes or modifications to the EZ Traders Website and this Agreement.
Display of notice of changes online at EZ Traders' website where you access the EZ Traders Website shall constitute effective
notice under this Agreement on the day EZ Traders places the changes on-line on its website, and your continued use of the EZ
Traders Website thereafter shall constitute your acceptance of such changes or modifications.