TERMS OF SERVICE_

Date of Last Revision: August 5, 2019

Welcome to EZcheeze!

These Terms of Service ("Terms ") constitute a legally binding agreement between you ("User" or "You" or "Your") and EZcheeze Inc. ("EZcheeze" or "we" or "us"). The following terms and conditions, govern Your access to and use of EZcheeze’s mobile application for iOS and Android devices (the "App"), and Your access to and use of EZcheeze’s website located at www.ezcheeze.com (the "Site") including any content, functionality and services offered on or through the Website (the "Internet Services") (the Website, the Internet Services, and the App, are collectively referred to as the "EZcheeze Platform"), whether as a guest or a registered User. By using the EZcheeze Platform, You agree to these conditions. Please read them carefully before you start using the EZcheeze Platform.

The EZcheeze Platform is a product promoting, sales force multiplier, e-commerce mobile platform for buying, selling and promoting goods and services. The platform may offer promotions, discounts, and other services as more fully described below (“Services”) on goods and services purchased with the EZcheeze Platform. These Terms of Service (“Terms”) apply to the EZcheeze Platforms used by any entity, the entity on behalf of whom You are acting, or person (“You”) and these Terms are a legally binding contract between You and EZcheeze. The EZcheeze Platform is licensed to You, not sold to You, and You may use the EZcheeze Platform only as set forth in these Terms. Your use of the EZcheeze Platform indicates that You agree that these Terms apply to all Services used by You. If You do not agree with any portion of these Terms with respect to the EZcheeze Platform, do not use the EZcheeze Platform.

EZcheeze, Inc. ("EZcheeze," "we," "us," and/or "our") provides its EZcheeze Platform (described below) to You through its mobile platform and other software made available by EZcheeze’s software ("Software") and its website located at www.EZcheeze.com (the "Site") (collectively, such services, Software, and the Site, collectively, the "Service(s)"), subject to the following Terms (as amended from time to time, these "Terms "). We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so You are aware of any revision to which You are bound. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. We will also notify You, either through the EZcheeze Platform’ user interface, in a notification, email notification or through other reasonable means. Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the EZcheeze Platform or changes made for legal reasons will be effective immediately. Your continued use of the EZcheeze Platform after the date any such changes become effective constitutes Your acceptance of the new Terms. If You do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the EZcheeze Platform.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EZCHEEZE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS OF SERVICE IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY EZCHEEZE. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND EZCHEEZE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU CANNOT USE THE EZCHEEZE PLATFORM.

In addition, when using certain services, You shall be subject to any additional terms, policies or guidelines applicable to such services that may be posted on the EZcheeze Platform from time to time, including, without limitation, the Privacy Policy at https://www.ezcheeze.com/privacy the Fee Policy at https://www.ezcheeze.com/fee_policy and the Prohibited Items Policy at https://www.ezcheeze.com/prohibited_items_policy . All such terms, policies, and guidelines are hereby incorporated by reference into these Terms.

ACCESS AND USE OF THE EZCHEEZE PLATFORM

EZcheeze Platform Description: The EZcheeze Platform provides a product promoting, sales force multiplier, mobile platform for buying, selling and promoting goods and services in which suppliers add inventory, photos, and videos. Buyers can search, purchase those goods and services and share codes with friends and earn when the codes are redeemed.

Your Registration Obligations: If You choose to register for the EZcheeze Platform You agree to provide and maintain true, accurate, current and complete information about Yourself. You agree You are neither an employee nor subcontractor of EZcheeze. Registration data and certain other information about You are governed by our Privacy Policy. The EZcheeze Platform is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the EZcheeze Platform is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of the EZcheeze Platform. If You do not qualify, please do not use the EZcheeze Platform. Additionally, EZcheeze reserves the right to refuse access to, or use of the EZcheeze Platform to anyone, and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the EZcheeze Platform and are prohibited from using alter egos or other disguised identities when using the EZcheeze Platform.

Create a Strong Password: S trong passwords help prevent unauthorized people from accessing files, programs, and other resources. A strong password should be difficult to guess or crack. Use a different password on EZcheeze than You use on other mobile app or sites. A good password is at minimum eight characters long; doesn't contain Your username, real name, or company name; doesn't contain a complete word, is significantly different from previous passwords and contains uppercase letters, lowercase letters, numbers, and symbols.

User Account, Password and Security: You are responsible for maintaining the confidentiality of Your password and account, if any, and are fully responsible for any and all activities that occur under Your password or account. You agree to (a) immediately notify EZcheeze of any unauthorized use of Your password or account or any other breach of security, and if You are a Supplier You must ensure that You exit from Your account at the end of each session when accessing the EZcheeze Platform at www.EZcheeze.com. EZcheeze will not be liable for any loss or damage arising from Your failure to comply with this Section.

Third-party Terms of Service and Fees: The use of the EZcheeze Platforms may be subject to separate third-party terms of service and fees, including, without limitation, such terms of service and fees imposed by Your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are Your sole responsibility.

Modifications to EZcheeze Platform: EZcheeze reserves the right to modify or discontinue, temporarily or permanently, the EZcheeze Platform (or any part thereof) with or without notice at any time for all users, or for certain users, without any liability to You. You agree that EZcheeze shall not be liable to You or to any third party for any modification, suspension or discontinuance of the EZcheeze Platform.

Availability : EZcheeze does not warrant or guarantee that the EZcheeze Platform will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.

Disclaimer of Warranty . The EZcheeze Platform is provided for use as is. We disclaim all warranties and representations, either express or implied, with respect to the EZcheeze Platform.

General Practices Regarding Use and Storage : You acknowledge that EZcheeze may establish general practices and limits concerning use of the EZcheeze Platform. You agree that EZcheeze has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the EZcheeze Platform. You acknowledge that EZcheeze reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that EZcheeze reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: When You access the EZcheeze Platform through a mobile device, Your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by Your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that Your use of the EZcheeze Platform must be in accordance with the usage rules established by Your mobile device platform or service provider.

Friend Referral Program: EZcheeze may from time to time offer credits to existing users that refer new users to the EZcheeze Platform using the invite code provided by EZcheeze to such existing users. EZcheeze may also make certain discounts and/or credits available to such new users using that invite code. The amount and requirements to earn such credits will be determined, and may change, from time to time in EZcheeze's sole discretion and such program may be terminated by EZcheeze at any time, in each case with or without notice to You. Furthermore, EZcheeze reserves the right to limit the number and/or amount of credits and/or discounts that may be offered or earned with respect to any existing user with or without notice to You. To be eligible for a credit (whether granted to an existing user or new user), the new user must be an individual that has never registered for the EZcheeze Platform and must be using a device (not the web) for sign-up and the device being used must not be associated with an existing EZcheeze account. You agree that any credit granted: (1) cannot be traded for cash or any other service; (2) may not be sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by EZcheeze; (3) cannot be acquired via public distribution where You are a contributor but not the primary content owner (e.g. coupon websites); (4) may expire prior to Your use; (5) may be voided or deducted by EZcheeze at any time for any reason without liability to EZcheeze, if EZcheeze believes in its sole discretion that such credits resulted from fraud or other misuse of the Referral program or the EZcheeze Platform. If Your account has been suspended (see "Termination" below), You will not be able to use such credits during the duration of Your account suspension.

User Conduct: You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that You upload, post, publish or display (hereinafter, "post") or otherwise transmit via the EZcheeze Platform, and for all items that You sell or purchase via the EZcheeze Platform.

When using the EZcheeze Platform, You agree to refrain from:

Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the EZcheeze Platform;

  1. Interfering with, burdening or disrupting the functionality of the EZcheeze Platform;
  2. Breaching the security of the EZcheeze Platform or publicly identifying any security vulnerabilities in it;
  3. Circumventing or manipulating the operation or functionality of the EZcheeze Platform, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the EZcheeze Platform;
  4. Sending automated or machine generated queries;
  5. Using robots, crawlers and similar applications to collect and compile content from the EZcheeze Platform or send data to the EZcheeze Platform including for the purposes of competing with the EZcheeze Platform, or in such ways that may impair or disrupt the EZcheeze Platform’s functionality;
  6. Displaying or embedding content from the EZcheeze Platform, including by any software, feature, gadget or communication protocol, which alters the content or its design;
  7. Impersonating any person or entity in a manner that violates any third party rights;
  8. Collecting, harvesting, obtaining or processing personal information regarding the EZcheeze Platform users, without their prior explicit consent;
  9. Abusing, harassing, threatening or intimidating other users of the EZcheeze Platform;
  10. Linking to the EZcheeze Platform from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
  11. Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;
  12. Violating any applicable law;
  13. Sending, uploading to or making available within the EZcheeze Platform’s content which may be considered as:
    1. infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;
    2. Software viruses, Trojan Horses, worms, vandals, spyware, ransomware and any other malicious applications;
  14. Identifying minors, their personal details or their address and ways to contact them;
  15. Constituting a violation of a person's right to privacy or right of publicity;
  16. Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
  17. Unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.

The following are examples of the kind of items, content and/or use that is illegal or prohibited by EZcheeze. EZcheeze reserves the right to investigate and take appropriate legal action against anyone who, in EZcheeze's sole discretion, violates this provision, including without limitation, removing the offending items or content from the EZcheeze Platform, suspending or terminating the account of such violators and reporting You to the law enforcement authorities. When using the EZcheeze Platform You agree to not use the EZcheeze Platform to:

  1. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  2. solicit personal information from anyone under the age of 18;
  3. harvest or collect email addresses or other contact information of other users from the EZcheeze Platform or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  4. advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the EZcheeze Platform;
    1. interfere with or disrupt the EZcheeze Platform or servers or networks connected to the EZcheeze Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the EZcheeze Platform; or
    2. violate any applicable local, state, national or international law, or any regulations having the force of law;
    3. engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq. ; or any similar anti-spam, data protection, or privacy legislation in any jurisdiction;
    4. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
    5. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the EZcheeze Platform.
  5. Violating applicable laws or industry regulations regarding the sale of:
    1. tobacco products;
    2. prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law; or
    3. provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

EZcheeze reserves the right, but is not obligated to review, remove, edit, modify, or reclassify any Content You submitted to or shared through the EZcheeze Platform, without prior notice to You, for any reason that EZcheeze considers to be justified at its sole discretion and without any liability to You.

Special Notice for International Use; Export Controls: Software available in connection with the EZcheeze Platform and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the EZcheeze Platform or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at Your sole risk. Recognizing the global nature of the Internet, You agree to comply with all local rules and laws regarding Your use of the EZcheeze Platform, including as it concerns online conduct and acceptable content.

PURCHASE AND SALE TRANSACTIONS

Fees; Transactions: Registering for the EZcheeze Platform is free; however, EZcheeze charges certain fees for various transactions effected through the EZcheeze Platform. Our Fee Policy is available at https://www.ezcheeze.com/fee_policy and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars. In addition to the payment of the applicable purchase price for a purchased item, buyers are responsible for paying all shipping costs to EZcheeze (which shipping costs are detailed in the Fee Policy) and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through the EZcheeze Platform. All such shipping costs and taxes are not included in the listed price for any items made available from providers of the goods or services (“Supplier(s)”) through the EZcheeze Platform, but will be displayed to buyers before confirmation of any purchase. Suppliers and or Users are responsible for all income taxes associated with the purchase and sale of any items through the EZcheeze Platform. Shipping costs and sales tax will be collected by EZcheeze and transferred to the Supplier. Supplier is responsible to file and pay any state, county or local sales tax based on the Supplier’s state laws.

Credit Card Transactions: To the extent You as a buyer effect any transactions using a credit card, You must have a valid credit, debit or prepaid card stored in the EZcheeze Platform and You authorize EZcheeze and the payment processing service retained by EZcheeze (currently, Stripe) to facilitate the transaction in the EZcheeze Platforms and the payment remittance of all applicable charges and fees between You and EZcheeze. The EZcheeze Platform will verify Your credit, debit or prepaid card information (including expiration date and billing address), but will not charge Your credit, debit or prepaid card unless You conduct an activity through the EZcheeze Platform that requires Your credit, debit or prepaid card to be charged. By agreeing to pay for a transaction with Your credit, debit or prepaid card, You authorize Us to charge Your credit, debit or prepaid card.

All payments transacted through Stripe shall be subject to the Stripe Connected Account Agreement, located at https://stripe.com/connect/legal , which includes the Stripe Terms of Service, located at https://stripe.com/us/terms (collectively, the "Stripe Services Agreement"). By agreeing to this Agreement, You agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of EZcheeze facilitating payment processing services through Stripe, You agree to provide EZcheeze accurate and complete information about You and, if applicable, Your business, and You authorize EZcheeze to share this information and transaction information related to Your use of the payment processing services provided by Stripe.

Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the EZcheeze Platform (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the EZcheeze Platform. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.

The EZcheeze Platform is only software, a program that runs on a device, and EZcheeze is not affiliated with or endorsed by any provider of goods and/ or services, manufacturer, retailer or brand of the items that Users buy or sell on the EZcheeze Platform. The EZcheeze Platform is a product promoting, salesforce multiplier platform open marketplace for users to interact with other users to shop, buy and sell goods and services. EZcheeze only provides a service, is not involved in any transaction between buyers and suppliers who use the EZcheeze Platform, does not obtain title to any purchased items and does not act as the buyer or supplier (or agent for buyers or suppliers) with respect to any such transactions. EZcheeze is not affiliated with or endorsed by any provider of goods and/or services, manufacturer, retailer or brand of the items that users buy or sell on EZcheeze's marketplace. There are risks that You assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by You, and not EZcheeze. EZcheeze does not control the behavior of users of the EZcheeze Platform or the information or other content provided by other users that is made available through the EZcheeze Platform. As a result, EZcheeze does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of Suppliers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, EZcheeze does not guarantee the ability or intent of users to fulfill their obligations in any transactions. EZcheeze reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting EZcheeze and its users from illegal or wrongful activities.

FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE EZCHEEZE PLATFORM, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE EZCHEEZE PLATFORM.

Item Comment System: User authentication on the Internet or mobile is difficult. EZcheeze may attempt, but is under no obligation, to independently confirm a user's purported identity. Therefore, we have established an item commenting system for reviews to help You evaluate the user with whom You are dealing. We also encourage You to communicate directly with potential buyers or Suppliers through the features available through the EZcheeze Platform.

Listing Restrictions: EZcheeze prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including without limitation items listed in our Prohibited Items Policy available at https://www.ezcheeze.com/prohibited_items_policy , which is hereby incorporated by reference into these Terms.

Selling: You must have the legal authority to sell the items that You are listing for sale through the EZcheeze Platform. You must describe Your good or services in the proper category with all necessary details as required in the Add Inventory setting and all terms of sale in Your listing truthfully, accurately and reasonably completely. If Your good or service is bought, You shall complete the transaction with the buyer unless the transaction is prohibited by law or these Terms, subject to the return procedure described below. You are also responsible for fee payment to EZcheeze as set forth in the Fee Policy. An offer to sell may be retracted at any time prior to its acceptance, but not after.

Buying: If You agree to purchase an item through the EZcheeze Platform and confirm the transaction, You are obligated to complete the transaction in accordance with the terms and conditions specified by the Supplier (e.g., with respect to the listing price, plus shipping and sales tax if applicable), unless the transaction is prohibited by law or these Terms, subject to the return procedure described below.

Shipping: Upon the confirmation of any purchase and sale transaction through the EZcheeze Platform and payment of the required amount by the buyer, the EZcheeze Platform will transmit a notification to the Supplier to fulfill the goods or services and ship the purchased item to the buyer. The Supplier must ship the purchased item to the buyer’s address provided by EZcheeze and use the shipping method buyer selected within 3 days after notification is received. If the Supplier does not ship the purchased item within the required time period, then the Supplier will be notified by EZcheeze that the order will be canceled unless it is shipped within the time period required in such notice. Upon receipt of confirmation from the buyer that buyer has satisfactorily received and accepted the purchased item and the refund period has expired, EZcheeze will credit Supplier’s account in an amount equal to the purchase price received from the buyer, minus EZcheeze’s fees to be retained by EZcheeze, as detailed in the Fee Policy at https://www.EZcheeze.com/fee_policy . The buyer must confirm its acceptance within 3 days after receipt of the purchased item; if the buyer does not respond within such time period, the purchased item will be deemed accepted. Any funds credited to Supplier's account may be transferred by the Supplier’s financial institution that was previously validated and approved by EZcheeze’s payment processor or the funds financial can be used by Supplier to purchase items listed by other Suppliers through the EZcheeze Platform.

Returns: Suppliers provide their refund policy for each item listed. Do not purchase the item if You the buyer do not agree with the Supplier’s return policy for that item. For items that do not allow returns of items, if the item You receive is damaged, the wrong item or not as described, or if any items are missing, then You must report the issue using EZcheeze Platform’s “Contact Supplier” under Order Menu within 3 days after delivery of the purchased item. Alternatively, You can also email us within 3 days after delivery at support@ezcheeze.com to let us know.

Intellectual Property Rights

EZcheeze Platform’s Content, Software and Trademarks: You acknowledge and agree that the EZcheeze Platform may contain images and descriptions of goods and services and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by EZcheeze, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the EZcheeze Platform or the Service Content, in whole or in part, except that the foregoing does not apply to Your own User Content (as defined below) that You legally upload to the EZcheeze Platform. In connection with Your use of the EZcheeze Platform You shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the EZcheeze Platform or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the EZcheeze Platform (including the Software distributed in connection therewith) is the property of EZcheeze, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the EZcheeze Platform (including the Software). Any rights not expressly granted herein are reserved by EZcheeze.

The EZcheeze name and logos are trademarks and service marks of EZcheeze (collectively the "EZcheeze Trademarks"). Other EZcheeze, product, and service names and logos used and displayed via the EZcheeze Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to EZcheeze. Nothing in these Terms or the EZcheeze Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of EZcheeze Trademarks displayed on the EZcheeze Platform, without our prior written permission in each instance. All goodwill generated from the use of EZcheeze Trademarks will inure to EZcheeze’s exclusive benefit.

Apple-enabled Software Applications : EZcheeze offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"). With respect to Software that is made available for Your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

EZcheeze and You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enable Software, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You with respect to the Apple-Enable Software as a third party beneficiary thereof.

EZcheeze Friend: An EZcheeze Friend (Friend) is someone who has accepted Your friend request and has been added to Your EZcheeze account. The Friend may or may not be someone with whom You have ever met or interacted with other than requesting that he, she, or they be added to Your EZcheeze account.

Promotions : EZcheeze, at its sole discretion, may make available promotions with different features to any of our Users or prospective Users. These promotions, unless made to You, shall have no bearing whatsoever on Your Agreement or relationship with EZcheeze. You are not required to participate in promotions. BY PARTICIPATING IN ANY PROMOTIONAL ACTIVITY VIA THE EZCHEEZE PLATFORM, YOU ARE AGREEING TO ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE PROMOTIONAL ACTIVITY, including the following:

EZcode(s): When a User buys and completes the purchased transaction( the item or service purchased is not returned or refunded in any manner and has passed the Refund Policy date) the EZcheeze Platform will distribute a unique alphanumeric code (“EZcode”) that can be shared with Your Friends. Friends may choose to Accept or Ignore the EZcode they received from You. If a Friend buys and completes the purchased transaction using Your shared EZcode You may earn a reward (“cheeze”). The cheeze is only earned from that EZcode redeemed by Your Friend. Your Friends could receive shared EZcodes from other Friends who have purchased the same product or service. The first EZcode redeemed by Your Friend for that purchased transaction for that particular product earns cheeze.

The EZcode when redeemed by Friends provides the Friends a set percentage or value off a good’s or service’s listed price. Such percentage and value amount may be changed by EZcheeze without notice prior to redemption. Unless otherwise indicated, the EZcode does not apply to platform fees, shipping and processing, taxes, and/or previous purchases on the EZcheeze Platform. Each EZcode has an expiration date. Only one EzCode can be used per good or service, and each unique EZcode is limited to one EZcode per User. EZcodes are only redeemable for use on the EZcheeze Platform. EZcodes are to be applied towards the purchase of goods and services, are non-transferable, on-redeemable for cash value, and cannot be applied to previous purchases. EZcodes are not replaced. EZcodes and other discounts cannot be combined with any other offers or promotions and may be limited in quantity. User’s receiving EZcodes can “Accept” or “Decline” the EZcode. EZcodes are subject to expiration and must be used within the amount of time stated on the EZcode at the time the EZcode is provided to You, but in no event, later than thirty (30) days from the date thereof; provided, however, that EZcheeze reserves the right in its sole discretion to extend the validity of a EZcode beyond the stated expiration date. EZcheeze further reserves the right to withhold payment or deduct credits or other features or benefits obtained using an EZcode by a User if EZcheeze determines or believes that the use or redemption of an EZcode was in error, fraudulent, illegal or in violation of the applicable EZcode’s terms or these Terms. Unless preloaded to a User’s account by EZcheeze in its sole discretion, Users must accept each EZcode account for its appropriate value before a User can use that value on the EZcheeze Platform. EZcheeze owns all rights in and to any EZcodes whether provided to You or shared by You, and You acknowledge and agree that EZcheeze may reclaim, deactivate, invalidate or terminate Your EZcode at any time at its discretion.

EZcheeze Rewards: EZcheeze Rewards (“cheeze(s)”) may be earned by purchasing qualified goods and/or services on the EZcheeze Platform. cheeze that You accrue as a result of Your transactions on the EZcheeze Platform will be posted to Your EZcheeze account wallet (“My Wallet”), and a summary of activity in Your My Wallet will be displayed on the EZcheeze Platform.  cheeze will normally be posted to Your My Wallet within 1 hour of a Completed Purchase, but may be posted to Your My Wallet at a later time depending on the EZcode offer. EZcheeze does not assume any liability for the failure of cheeze to post to Your My Wallet in a timely manner.

You are solely responsible for checking Your My Wallet regularly to ensure that Your cheezes are properly credited. If You believe that proper credit does not appear on Your My Wallet, You should contact us via support@ezcheeze.com and then provide any requested documentation to verify Your friend’s purchase or items requested. If You believe that Your My Wallet summary showing the number of cheezes in y Your My Wallet is in error or have a dispute regarding cheeze, You must notify us at support@ezcheeze.com within 60 days of the date the purchase was made or it will be deemed correct. You may be required to submit documentation to support Your claim.

Reviewing Your My Wallet : Your review of Your My Wallet transactions, cheezes earned, balance transfers and other items is one of the best ways to help prevent the wrongful use of Your EZcheeze account. You agree to review Your My Wallet, cheeze earned, cheezes applied to other purchases, transfers to Your bank account attached to the EZcheeze Platform and other items and reconcile them as soon as they are made available to You; You agree that Your My Wallet provides sufficient information to determine the identification and authenticity of any transaction including without limit, whether any are altered or unauthorized if My Wallet includes the item number, amount and the date the item posted to Your My Wallet, and You agree to report any problems or unauthorized transactions as soon as possible but that 60 days after EZcheeze Platform provided transactions to My Wallet and any accompanying items (or otherwise make them available) is the maximum reasonable amount of time for You to review Your My Wallet or items and report any problem or unauthorized transaction related to a matter shown on the EZcheeze Platform and/or My Wallet or items. EZCHEEZE IS Not Liable If You Fail To Report Promptly Except as otherwise expressly provided elsewhere in this Agreement, if You fail to notify us in writing of suspected problems or unauthorized transactions within 60 days after We make Your My Wallet or items available to You, You agree that You may not make a claim against Us relating to the unreported problems or unauthorized transactions, regardless of the care or lack of care We may have exercised in handling Your account and You may not bring any legal proceeding or action against Us to recover any amount alleged to have been improperly paid out of Your account. Except as otherwise expressly provided elsewhere in this Agreement, We are not liable to You for subsequent unauthorized transactions on Your account by the same person if You fail to report an unauthorized transaction on Your account within 30 days (or such lesser period as is specified in the state law applicable to Your account) following the date the transaction became available in Your My Wallet.

We reserve the right to determine, in our sole and absolute discretion, whether cheeze should have been posted to Your My Wallet and to adjust Your My Wallet accordingly. You acknowledge that any such determination by EZcheeze will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT YOUR CHEEZES HAVE BEEN PROPERLY CREDITED TO YOUR MY WALLET, YOUR SOLE REMEDY IS TO NOT CONTINUE TO USE OR ACCESS THE EZCHEEZE PLATFORM.

Cheezes earned are redeemable for cash or cash equivalents only on the EZcheeze Platform via balance transfer, are non-transferable to other EZcheeze Platform users and may not be applied toward prior purchases. Balance transfers must meet the required Tax and Bank Account information and Service Agreement. If Your account has been suspended (see "Termination" below), You will not be able to use Your cheeze(s) during the duration of Your account suspension. Other restrictions may apply. We reserve the right to rescind at any time any cheeze that You may receive a result of referral or other promotional programs, subject to reasonable notice to You.

All cheeze(s) remain the property of the EZcheeze Platform. You may not offer for sale, sell, exchange, give, charge or otherwise dispose of any cheeze. You are responsible for all taxes payable due to Your participation in the EZcheeze Platform and cheeze earned.

We may refuse to record or honor cheeze in Your My Wallet, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded cheeze if the EZcode redeemed purchase was canceled for example, because You returned or did not pay for products or services for which the cheeze(s) were issued.

Adjustment: In the case of any failure by You to follow these Terms or any other terms or  conditions applicable to the EZcheeze Platform or offers in which You may elect to participate as part the EZcheeze Platform (including any terms and conditions of any good or service purchased), or any other fraud, misrepresentation, or abuse related to the EZcodes or cheezes, including but not limited to Your engaging in a pattern of returning or canceling products or services after the corresponding cheezes have been credited, as determined by us in our sole discretion, we reserve the right to make any adjustments to Your My Wallet at any time and to take appropriate administrative or legal action. In such a case, some or all of Your cheezes earned through the EZcheeze Platform may be forfeited and Your Account closed, and we reserve the right to seek reimbursement from You for the cost of any cheeze You receive upon redemption of cheezes that are subsequently deducted from Your My Wallet. You give EZcheeze permission to review Your Account with Suppliers in cases where EZcheeze suspects fraudulent activity.

NO CHEEZE MAY BE REDEEMED UNTIL IT HAS BEEN CREDITED TO THE MEMBER'S ACCOUNT.

There's no annual fee and Your cheeze earned do not expire. Your actual cheeze earned will depend upon Your individual and EZcodes redeemed purchases.

Third Party Material: Under no circumstances will EZcheeze be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any goods, services or content posted, sold, purchased or otherwise transmitted via the EZcheeze Platform. You acknowledge that EZcheeze does not pre-screen items or content, but that EZcheeze and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the EZcheeze Platform. Without limiting the foregoing, EZcheeze and its designees shall have the right to remove any item or content that violates these Terms or is deemed by EZcheeze, in its sole discretion, to be otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.

User Content Posted on the EZcheeze Platform: You are solely responsible for the content You post or transmit on or through the EZcheeze Platform (collectively, "User Content"). You will not post any content that You did not create or that You do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content You hereby grant and will grant to EZcheeze and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner Your User Content in connection with the operation of the EZcheeze Platform or any other products or services of EZcheeze, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing Your User Content on the Internet or on Third Party Services such as Instagram, sharing it with blogs, etc., and allowing other users to share listings that include Your User Content).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the EZcheeze Platform ("Submissions"), provided by You to EZcheeze are non-confidential and EZcheeze shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

You acknowledge and agree that EZcheeze may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of EZcheeze, its users and the public. You understand that the technical processing and transmission of the EZcheeze Platform, including Your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Infringement Policy: EZcheeze respects the intellectual property of others, and we ask our Users to do the same. EZcheeze will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If You believe that Your work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information (Notice):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that You claim has been infringed;
  3. a description of where the material that You claim is infringing is located on the EZcheeze Platform, with enough detail that we may find it on the EZcheeze Platform;
  4. Your address, telephone number, and email address;
  5. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
  7. Notification will be mailed via Certified Mail with Return Receipt to EZcheeze Inc, 5655 Lindero Canyon Road, 501, Westlake Village, California 91362

If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Content, You may send a written counter-notice containing the following information to the Copyright Agent:

  1. Your physical or electronic signature;
  2. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. a statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that You consent to the jurisdiction of the federal court located within Central District of California and a statement that You will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, EZcheeze will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

The above information should be sent to EZcheeze’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: support@ezcheeze.com with “DMCA Takedown Request" in the subject line with a request of delivery and read receipt. You should also contact us by mail at:

EZcheeze, Inc.

Attn: Copyright Agent

5655 Lindero Canyon Road, 501

Westlake Village, California 91362

THIRD PARTY WEBSITES: The EZcheeze Platform may provide, or third parties may provide, links or other access to other sites and resources on the Internet. EZcheeze has no control over such sites and resources and EZcheeze is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that EZcheeze shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings You have with third parties found while using the EZcheeze Platform are between You and the third party, and You agree that EZcheeze is not liable for any loss or claim that You may have against any such third party.

INDEMNITY AND RELEASE: You agree to release, indemnify and hold EZcheeze and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the EZcheeze Platform (including any sale or purchase of any items through the EZcheeze Platform), any User Content, Your connection to the EZcheeze Platform, Your violation of these Terms or Your violation of any rights of another. Notwithstanding the foregoing, You will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.

DISCLAIMER OF WARRANTIES: YOUR USE OF THE EZCHEEZE PLATFORM IS AT YOUR SOLE RISK. THE EZCHEEZE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EZCHEEZE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

EZCHEEZE MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE EZCHEEZE PLATFORM OR THAT THE EZCHEEZE PLATFORM WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE EZCHEEZE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EZCHEEZE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EZCHEEZE PLATFORM WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT EZCHEEZE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EZCHEEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE EZCHEEZE PLATFORM (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE EZCHEEZE PLATFORM); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND EZCHEEZE PLATFORMS RESULTING FROM ANY GOODS, DATA, INFORMATION OR EZCHEEZE PLATFORMS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EZCHEEZE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EZCHEEZE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE EZCHEEZE PLATFORM. IN NO EVENT SHALL EZCHEEZE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO EZCHEEZE AS A SUPPLIERS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EZCHEEZE PLATFORM OR WITH THESE TERMS OF EZCHEEZE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EZCHEEZE PLATFORM.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

DISPUTE RESOLUTION BY BINDING ARBITRATION:

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

  1. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. You agree that any and all disputes or claims that have arisen or may arise between You and EZcheeze, whether arising out of or relating to these Terms (including any alleged breach thereof), the EZcheeze Platform, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that You may assert individual claims in small claims court, if Your claims qualify. Further, this Arbitration Agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on Your behalf, EZcheeze seeking injunctive relief in a court of law; or filing suit in a court of law to address an intellectual property infringement claim. You agree that, by entering into these Terms, You and EZcheeze are each waiving the right to a trial by jury or to participate in a class action TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND EZCHEEZE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND EZCHEEZE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

  1. Pre-Arbitration Dispute Resolution

EZcheeze is always interested in resolving disputes amicably and efficiently, and most Users’ concerns can be resolved quickly and to the User’s satisfaction by emailing support at support@ezcheeze.com . If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, return receipt, by Federal Express (signature required), United Parcel Services (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice") a written Notice of Dispute ("Notice"). The Notice to EZcheeze should be sent to 5655 Lindero Canyon Road 501, Westlake Village, CA 91362 Attn: Legal Department ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought ("Demand"). If EZcheeze and You do not resolve the claim within sixty (60) calendar days after the Notice is received by EZcheeze, You or EZcheeze may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by EZcheeze or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or EZcheeze is entitled. If the dispute is finally resolved through arbitration in Your favor, EZcheeze will pay You the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by EZcheeze in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.

  1. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules, filing forms, and fees are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting EZcheeze. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless EZcheeze and You agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties in Ventura County, California. If the parties are unable to agree on a location, the determination shall be made by AAA. If Your claim is for $10,000 or less, EZcheeze agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephone hearing;, or by an in-person hearing as established by the AAA Rules in the county (or parish ) of our billing address. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

  1. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $10,000 or less, at Your request, EZcheeze will pay all Arbitration Fees. If the value of relief sought is more than $10,000 and You are able to demonstrate to the arbitrator that You are economically unable to pay Your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that You should not be required to pay Your portion of the Arbitration Fees, EZcheeze will pay Your portion of such fees. In addition, if You demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, EZcheeze will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, You agree to reimburse EZcheeze for all monies previously disbursed by EZcheeze that are otherwise Your obligation to pay under the AAA Rules.

  1. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

  1. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.

  1. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, EZcheeze agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while You are a user of the EZcheeze Platform, You may reject any such change by sending EZcheeze written notice via certified mail with return receipt within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, Your account with EZcheeze will be immediately terminated and You are agreeing that You will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).

Enforceability. If any part of this section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in this Agreement will govern any action arising out of or related to this Agreement. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

3 1.    Governing Law; Jurisdiction

Except as set forth in Section 30 entitled "Dispute Resolution; Arbitration of Claims,” this Agreement is governed and interpreted pursuant to the laws of the State of Wisconsin, United States of America, notwithstanding any principles of conflict of law. For all disputes, not subject to arbitration under Section 30 hereof, You agree to submit to the personal jurisdiction and venue of the courts located within Ventura County, California, and waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

32.    Waiver and Severability

No waiver by EZcheeze of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EZcheeze to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Termination: You agree that EZcheeze, in its sole discretion, may suspend or terminate Your account (or any part thereof) or use of the EZcheeze Platform and remove and discard any items or content within the EZcheeze Platform, for any reason, including, without limitation, for lack of use or if EZcheeze believes that You have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the EZcheeze Platform, may be referred to appropriate law enforcement authorities. EZcheeze may also in its sole discretion and at any time discontinue providing the EZcheeze Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the EZcheeze Platform under any provision of these Terms may be effected without prior notice, and acknowledge and agree that EZcheeze may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the EZcheeze Platform. Further, You agree that EZcheeze shall not be liable to You or any third-party for any termination of Your access to the EZcheeze Platform.

User Disputes: You agree that You are solely responsible for Your interactions (including any purchase and sale transactions) with any other user in connection with the EZcheeze Platform and EZcheeze will have no liability or responsibility with respect thereto. EZcheeze reserves the right, but has no obligation, to become involved in any way with disputes between You and any other user of the EZcheeze Platform.

General: These Terms constitute the entire agreement between You and EZcheeze and govern Your use of the EZcheeze Platform, superseding any prior agreements between You and EZcheeze with respect to the EZcheeze Platform. You also may be subject to additional terms and conditions that may apply when You use affiliate or third-party services, third-party content or third-party software. These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, You and EZcheeze agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Ventura County, California. The failure of EZcheeze to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the EZcheeze Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to You may be made via either email or regular mail. The EZcheeze Platform may also provide notices to You of changes to these Terms or other matters by displaying notices or links to notices generally on the EZcheeze Platform.

Your Privacy: At EZcheeze, we respect the privacy of our users. You consent to the collection, use, and disclosure of Your personally identifiable information in accordance with the Privacy Policy; For details please see our Privacy Policy. By using the EZcheeze Platform, You consent to our collection and use of personal data as outlined therein.

We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users (as defined in Section 2) that occur through the EZcheeze Platforms for our business purposes, including to provide and improve customer service and the EZcheeze Platform, fraud prevention, and to identify violations of this Agreement;

Notice for California Users: Under California Civil Code Section 1789.3, users of the EZcheeze Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Questions? Concerns? Suggestions?: Please contact us at support@ezcheeze.com . to report any violations of these Terms or to pose any questions regarding these Terms or the EZcheeze Platform.

Your Registration Obligations: You may also be permitted to register with the EZcheeze Platform directly. In any case, if You choose to register for the EZcheeze Platform (whether directly or through a third party service), You agree to provide and maintain true, accurate, current and complete information about Yourself. Registration data and certain other information about You are governed by our Privacy Policy. The EZcheeze Platform is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the EZcheeze Platform is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of the EZcheeze Platform. If You do not qualify, please do not use the EZcheeze Platform. Additionally, EZcheeze reserves the right to refuse access to, or use of the EZcheeze Platform to anyone, and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the EZcheeze Platform and are prohibited from using alter egos or other disguised identities when using the EZcheeze Platform.

By using this EZcheeze Platform, You represent that You are at least 18 years of age. Your continued use of the EZcheeze Platform through access or viewing is an acknowledgment that You have reviewed, understand, and agreed to these terms. If You do not agree to be bound by these terms, please discontinue Your use of the EZcheeze Platform.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of Your password and account, if any, and are fully responsible for any and all activities that occur under Your password or account. You agree to (a) immediately notify EZcheeze of any unauthorized use of Your password or account or any other breach of security, and (b) You ensure that You exit from Your web account at the end of each session when accessing the EZcheeze Platform. EZcheeze will not be liable for any loss or damage arising from Your failure to comply with this Section.

Modifications to EZcheeze Platform: EZcheeze reserves the right to modify or discontinue, temporarily or permanently, the EZcheeze Platform (or any part thereof) with or without notice. You agree that EZcheeze shall not be liable to You or to any third party for any modification, suspension or discontinuance of the EZcheeze Platform.

General Practices Regarding Use and Storage : You acknowledge that EZcheeze may establish general practices and limits concerning use of the EZcheeze Platform. You agree that EZcheeze has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the EZcheeze Platform. You acknowledge that EZcheeze reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that EZcheeze reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: When You access the EZcheeze Platform through a mobile device, Your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by Your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that Your use of the EZcheeze Platform must be in accordance with the usage rules established by Your mobile device platform or service provider.

Electronic Communications: When You use the EZcheeze Platforms, or send emails, text messages, and other communications from Your desktop or mobile device to us, You may be communicating with us electronically. We will communicate with You by email or notifices via the EZcheeze Platform. Any such emails may include marketing and promotional content. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on the EZcheeze Platform or through the other EZcheeze services. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

Copyright: All content included in or made available through the EZcheeze Platforms, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of EZcheeze or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the EZcheeze Platform is the exclusive property of EZcheeze and protected by U.S. and international copyright laws.

Intellectual Property Rights

EZcheeze Platform Content, Software and Trademarks: You acknowledge and agree that the EZcheeze Platform may contain images and descriptions of items and other content (collectively, "EZcheeze Platform Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by EZcheeze, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the EZcheeze Platform or the EZcheeze Platform Content, in whole or in part, except that the foregoing does not apply to Your own User Content (as defined below) that You legally upload to the EZcheeze Platform. In connection with Your use of the EZcheeze Platform You shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the EZcheeze Platform or the EZcheeze Platform Content other than as specifically authorized herein is strictly prohibited. The technology underlying the EZcheeze Platform (including the Software distributed in connection therewith) is the property of EZcheeze, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the EZcheeze Platform (including the Software). Any rights not expressly granted herein are reserved by EZcheeze.

The EZcheeze name and logos are trademarks and service marks of EZcheeze (collectively the "EZcheeze Trademarks"). Other company, product, and service names and logos used and displayed via the EZcheeze Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to EZcheeze. Nothing in these Terms or the EZcheeze Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of EZcheeze Trademarks displayed on the EZcheeze Platform, without our prior written permission in each instance. All goodwill generated from the use of EZcheeze Trademarks will inure to our exclusive benefit.

Apple-enabled Software Applications : EZcheeze offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"). With respect to Software that is made available for Your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

EZcheeze and You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enable Software, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You with respect to the Apple-Enable Software as a third party beneficiary thereof.

EZcheeze Credits: EZcheeze Credits are not redeemable for cash or cash equivalents, are non-transferable and may not be applied toward prior purchases. If Your account has been suspended (see "Termination" below), You will not be able to use EZcheeze Credits during the duration of Your account suspension. Other restrictions may apply. We reserve the right to rescind at any time any credits that You may receive a result of referral or other promotional programs, subject to reasonable notice to You.

Trademarks: In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any EZcheeze Service are trademarks or trade dress of EZcheeze in the U.S. and other countries. EZcheeze's trademarks and trade dress may not be used in connection with any product or service that is not EZcheeze's, in any manner that is likely to cause confusion among customers, buyers, and or suppliers, or in any manner that disparages or discredits EZcheeze. All other trademarks not owned by EZcheeze that appear in the EZcheeze Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EZcheeze.

Patents: One or more patents owned by EZcheeze apply to the EZcheeze Platforms and to the features and services accessible via the EZcheeze Platforms. Portions of the EZcheeze’s EZcheeze Platform operate under license of one or more patents.

License and Access: Subject to Your compliance with these Terms, and Your payment of any applicable fees, EZcheeze or its content providers grant You a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the EZcheeze Platforms. This license does not include any resale or commercial use of any EZcheeze Platform, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any EZcheeze Platform or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in these Terms are reserved and retained by EZcheeze or its licensors, suppliers, publishers, rights holders, or other content providers. No EZcheeze Platform, nor any part of any EZcheeze Platform, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EZcheeze. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EZcheeze without express written consent. You may not use any meta tags or any other "hidden text" utilizing EZcheeze's name or trademarks without the express written consent of EZcheeze. You may not misuse the EZcheeze Platform. You may use the EZcheeze Platform only as permitted by law. The licenses granted by EZcheeze terminates if You do not comply with these Terms.

My Account: You may need Your own EZcheeze account to use certain EZcheeze’s EZcheeze Platform, and You may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging Your selected payment method, we may charge any other valid payment method associated with Your account. To manage Your payment option log in to the EZcheeze Platform and go to Banks & Cards. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your account, and You agree to accept responsibility for all activities that occur under Your account or password. EZcheeze does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Alcohol listings on EZcheeze are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. EZcheeze reserves the right to refuse service, terminate accounts, terminate Your rights to use EZcheeze Platforms, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content: You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. EZcheeze reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If You do post content or submit material, and unless we indicate otherwise, You grant EZcheeze a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EZcheeze and sublicensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify EZcheeze for all claims resulting from content You supply. EZcheeze has the right but not the obligation to monitor and edit or remove any activity or content. EZcheeze takes no responsibility and assumes no liability for any content posted by You or any third party.

You agree you have read in entirety and understand these Terms.