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Effective October 15th, 2018
Ezra AI, Inc. (“Ezra,” “we,” “us,” or “our”) appreciates your interest in our company and your visit to our website. These Terms of Use (“Terms”) set forth the basic terms and conditions that govern your visit to and use of ezra.ai and any other website or mobile application that we own and operate, including all content, features, functionality, programs, applications, or services provided on or through the same (the “Site”). Some pages within the Site may contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms and incorporated herein by reference. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
By accessing or using the Site, you accept and agree to be bound and abide by these Terms and our Privacy Notice, incorporated herein by reference. If you do not accept these Terms you may not access, browse or use the Site.
This Site is provided by Ezra for the convenience of visitors to our Site. Your use of this Site is at your own risk and you agree to only use this Site for the purposes for which is has been designed. Notwithstanding any other provision herein, Ezra reserves the right to change, modify or otherwise alter any features of this Site, in each case, at any time and for any purpose without prior written notice.
While accessing or using the Site, you agree to comply with all applicable laws, rules and regulations, and these Terms. Your access to and use of the Site is conditioned upon your compliance with the rules of conduct set forth in this section. Your failure to comply with any such rule may result in termination of your access to or use of the Site (or any part thereof). You agree that you will not:
This Site, its features, functions, and the information and content which it contains, is the property of Ezra and its affiliates and licensors, and is protected by intellectual property rights, including United States and international copyright, trademark patent and/or other proprietary rights and laws. All trademarks and logos appearing on the Site are the property of their respective owners. We reserve all of our intellectual property rights in the Site and the information and materials made available through the Site, and do not grant you any license or right in or to any trademarks, logos or other intellectual property rights. Except as expressly authorized in advance by us, you agree not to reproduce, copy, modify, republish, sell, transmit, distribute or create derivative works based on, all or any part of the Site, any materials made available through the Site or the intellectual property rights contained therein.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You can learn how we handle your information including the User Information when you use the Site by reading our Privacy Notice, which explains how we collect, use and disclose information that pertains to your privacy. We encourage you to become familiar with the Privacy Notice because when you access or use this Site you signify your agreement to the Privacy Notice and consent to the collection, use, disclosure and other handling of information consistent with that policy.
This Site may contain links to websites and content owned, maintained or operated by third parties. Ezra is providing these links to you only as a convenience. The inclusion of any link does not imply that Ezra endorses any third-party website, content or third-party company or product. You acknowledge that Ezra does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy, integrity, quality, legality, usefulness or safety of any information presented at such other websites. We have no obligation to monitor third party content, and we may, in our sole discretion, block or disable access to any third party content (in whole or part) via this Site at any time. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access other companies’ websites you do so at your own risk.
Any information posted on our Site related to medical conditions and their treatment is general in nature and is intended only for educational and general information purposes. Should you have a medical condition that may require treatment, or if you have any specific medical questions, promptly see your own doctor or other health care provider. Nothing on this Site is intended to act as professional medical advice or act as a replacement for in-person visits with a doctor, and you should not rely on it for managing your health. If you are a patient in a medical emergency, please seek emergency treatment from a doctor or other health care provider instead of reviewing information on our Site. We do not offer medical diagnosis or treatment from this Site, and none of the information contained on this Site should be construed as providing medical advice or services of any kind. Only your doctor or other health care provider can determine if a particular medical treatment is appropriate for you. Always seek the advice of your doctor or other qualified health care provider before starting any new treatment or with any question that you may have about a medical condition.
Because this Site may be accessible internationally, you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The information on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Ezra to any registration requirement within such jurisdiction or country.
By accessing or using this Site you and Ezra agree that the laws of the State of New York, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your access to or use of the Site or any information it contains. With respect to such disputes, you and Ezra also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court located in New York, New York, or federal court located in New York, New York.
While Ezra may periodically update or correct information presented on the Site, such information may include typographical errors and/or technical inaccuracies and/or omissions. Ezra makes no representation or warranty as to the timeliness, usefulness, completeness or accuracy of any information on Site and expressly disclaims any obligation to update such information. Any reliance you place on such information is strictly at your own risk. Ezra also reserves the right to make additions, deletions or modifications to any information on this Ezra for any reason, at any time and from time to time without any prior notice.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, EZRA DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH THIS SITE IS UP-TO-DATE OR FREE OF ERRORS; (ii) THE CONTENT, FUNCTIONS OR SERVICES PROVIDED BY THIS SITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, INCLUDING BUT NOT LIMITED TO THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS WEBSITE. EZRA AND ITS LICENSEES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN NO EVENT SHALL EZRA, OR ANY OF ITS DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE TO YOU, ANY OTHER USER OF THIS SITE, THIRD-PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), WHETHER FORESEEABLE OR UNFORSEEABLE, ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THIS WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.
EZRA’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR THIS SITE, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
You agree to indemnify and hold harmless Ezra, its licensors, its officers, directors, employees, agents, trustees and affiliates from and against all losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees and costs) resulting from any violation by you of these Terms.
These Terms are effective unless and until terminated. You may terminate these Terms at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site. Termination shall not affect the respective rights and obligations of you or Ezra arising before the date of termination.
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms, together with the Privacy Notice, contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement or written consents provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on the Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Ezra reserves the right to change these Terms from time to time for any reason in our sole discretion and without prior notice. All changes are effective immediately when we post them to the Site and your continued use of the Site following the posting of revised Terms mean that you accept and agree to the changes; provided that any such changes shall only apply to your use of the Site after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise.
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