Terms of Service and Privacy Effective Date: May 22, 2019 This page explains our terms of service, which contain important information about your legal rights. When you use EazyCushion, you’re agreeing to these terms. To help make them easier to understand, we’ve also included annotations in these gray boxes. The annotations aren't part of the official terms and have no legal effect, but are intended to help you follow the text. Welcome to EazyCushion’s Terms of Service! These Terms of Service ("Terms") cover your use of and access to the sites, templates, products, applications, tools and features (collectively, the "Services") provided by EazyCushion (as defined below), including without limitation during free trials, on the websites and associated domains of www.EazyCushion.com web, mobile and other applications. By using or accessing the Services, you're agreeing to these Terms, our Copyright Policy, our Acceptable Use Policy and our Data Processing Addendum (collectively, this “Agreement”). If you're using the Services for an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services. Please read this Agreement carefully! It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, the resolution of disputes by arbitration and a class action waiver.
- Our Intellectual Property EazyCushion is protected by various intellectual property laws. This section summarizes what we own and how we share. 1.1. The Services are protected by copyright, trademark and other US laws. This Agreement doesn't grant you any right, title or interest in the Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services or others’ User Content.
- Our Rights To operate effectively and protect the security and integrity of EazyCushion, we need to maintain control over what happens on our offerings. We are allowed to change the products, specifications, prices and terms under which a product is offered for sale, on our website.
- Copyright We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy. We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement.
Limitation Of Liability All notices relate to the use of our Products are clearly stated on Product covers which are included in the original packaging. You agree to read and understand these notices before using the product. You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will EazyCushion and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Products or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages related to access to our website and/or use of our products and services; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of our Products or Services; (d) any Third Party Services or third party sites accessed via our website.
- Indemnification If you do something that gets us sued, you’ll cover us. To the fullest extent permitted by law, you agree to indemnify and hold harmless EazyCushion and its parent company, affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your use, distribution, resale of our product to third parties (End Users); (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which EazyCushion may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement to the extent that the consequences were not reasonably foreseeable.
- Dispute Resolution
This Section 8 may not apply to you. If it does, before filing a claim against EazyCushion, you agree to try to work it out informally with us first. Also, all formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Finally, claims can only be brought individually, and not as part of a class action.
8.1. Applicability. This Section 8 shall only apply to US who bring any claim against EazyCushion in the US.
8.2. Informal Resolution. Before filing a claim against EazyCushion, you agree to try to resolve the dispute by first mailing EazyCushion@Gmail.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or EazyCushion may then bring a formal proceeding.
8.3. Arbitration Agreement. Unless you opt-out during the Opt-Out Period in accordance with Section 8.4, you and EazyCushion agree to resolve any claims, disputes and matters arising out of or in connection with this Agreement (including without limitation its existence, formation, operation and termination) and/or the Services (including without limitation non-contractual disputes and matters) through final and binding arbitration and you and EazyCushion expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, only an independent third party that will act as the arbitrator, and court review of an arbitration award is limited.
8.4. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us at EazyCushion@Gmail.com within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. This opt-out doesn’t affect any other sections of the Terms. If you have any questions about this process, please contact EazyCushion@Gmail.com.
8.5. Arbitration Time For Filing. Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. 8.6. Arbitration Procedures. You and EazyCushion agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite Section 17.2 below). Any arbitration hearings will take place at a location to be agreed upon in Santa Ana, California; in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in the County of Orange, CA. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 8.7. Arbitration Fees. Arbitration fees are paid equally by both parties and subsequently paid by the party which is determined to be at fault or has filed a frivolous claim. We won’t seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 8.8. Time For Filing. Any claim not subject to arbitration must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. 8.9. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
- Additional Terms This section includes some additional important terms. For instance, this Agreement is the whole agreement between us regarding your use of EazyCushion. Depending on where you reside or have your place of business, this Agreement is governed by either US law. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to cancel. Also, if you’re reading this in a language other than English, note that the English language version controls. 9.1. Entire Agreement. This Agreement constitutes the entire agreement between you and EazyCushion regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third party beneficiary rights. 9.2. Controlling Law; Judicial Forum For Disputes. 9.2.1. US Users. If you are a US User, this Agreement (including its existence, formation, operation and termination) and the Services as well as all disputes and matters arising out of or in connection with this Agreement and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of California. This Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the federal or state courts of County of Orange, State of california and you and EazyCushion consent to venue and personal jurisdiction in such courts. 9.3. Waiver, Severability And Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice. 9.4. Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you should stop using the Services and cancel all Paid Services. 9.5. Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.