Terms of use

EZ Fit Card Terms of Use

Thank you for using the services provided by EZ Fit Card! Your information will be used only for this or any additional apps published by EZ Fit Card, or third-party services which are powered by EZ Fit Card technology, as the “Services”.

The Terms of Use (the “Terms”) presented below are the basic rights and obligations that you as a user and EZ Fit Card as service providers have between us using our Services. Even if the language of Terms is legal document and may be difficult to understand we still tried to make them as simple as possible for you to read and understand services we are providing so you can enjoy it with no worry. By using our services, you agree to the Terms and their rights and obligations. You absolutely have rights not to use our services if you don't like our Terms to apply which includes our Privacy Policy, DMCA Policy and Tracking Technologies Policy, and all other policies which you will be able to find on our policies page.

EZ Fit Card do not provide mobile phone services to make phone calls. You can only send or receive messages through EZ Fit Card messenger service so you can communicate with anyone you would like to send or receive messages and use the content as long as they has legal subjects.

1. Age restrictions. There are no much of age restricted regulations we are requiring from our users only if you are under the age of consent in your country to form a binding agreement, you should only use our Service if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our Services. You should use our Service only if you are fully able to understand and enter and comply with these Terms. Our Services are not intended for children under 13 years of age. Please wait until you turn 13 to use our services.

2. Updates to Terms. We are constantly working on updating and adding additional features to our Services, and because sometimes applicable laws change, we may revise, and reissue updated Terms occasionally, by posting updated Terms at EZ Fit Card terms of use. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You may visit this page at your convenience to review the current Terms. If you disagree with updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.

3. The Information you provided to us for use of our services must be correct. To access any Service of EZ Fit Card or some of the features provided by EZ Fit Card Services, you will be asked to provide true and complete registration information. If we at EZ Fit Card believe the information you provided is not correct, current, or complete, we have the right prevent you from accessing and using our Services, or even terminate or suspend your account till you going to provide us with correct information required by terms of EZ Fit Card. It is in your interest provide us with correct information to enjoy full spectrum of services we are providing to you and users like you to keep EZ Fit Card services to its best way possible.

4. Online Privacy. Your privacy is very important to us. To protect your privacy the best way, we provide information explaining our practices and the options you can make about the way your information is collected and used at our services. Click here to view our Privacy Policy.

5. Trademarks and Copyrights. Our Services and materials incorporated by EZ Fit Card on our Services (“Material”) are protected by patents, trade secrets and other Copyrights. Logo, other images and most of the characters are incorporated by EZ Fit Card in our Services are registered or unregistered and protected as trademarks, trade names, and service marks owned by EZ Fit Card. EZ Fit Card own copyright, and other intellectual property rights in the Material and Service.

6. Your Use of Our Material. Your rights to use of any of our material or other content appearing on it is subject to your compliance with these Terms and you cannot modify, or use of our Materials or any content for any purpose not permitted by our Terms. Such prohibited use violates our terms and may be a violation of the Copyrights and Trademarks protected by law.

7. The charges for any EZ Fit Card. Our application is made for everyones use absolutely for free. If there will be added new services in our application which will require payment we will notify each person for each transaction which requires payment. Those services will be added to our Services, Terms and condition page so everyone will have access to that.

8. EZ Fit Card may offer products or features available at no charge for a trial period, at our sole discretion.

8.1 By Using our Service on mobile applications as you will use some of the data allowance available on your subscribed plan with your mobile network operator. Out-of-country usage you are full responsible for any charges applicable by local mobile phone operators providing you service at the time you are out of your coverage, and you are solely responsible for paying for possible roaming and other applicable charges by your mobile network operator.

9. You can purchase any additional services using any payment method made available to you by EZ Fit Card at the time of purchase if there will be such a product available. EZ Fit Card will send you an acknowledgement of your purchase of EZ Fit Card services by email. EZ Fit Card use third parties to process your payments and we require that these third parties take the appropriate and full responsibility to protect your personal information and data you are providing to us for any purchases to comply with relevant laws. Please review the terms of use and privacy policies of third party before providing your banking and payment information. You agree that you are not relying on the future availability of any feature or product offered through the Service in agreeing to or making payments hereunder.

10. Refunds. All purchases are final and non-refundable, except as required by law. If you believe that EZ Fit Card has charged you in error, you must contact EZ Fit Card within 90 days to inform about such charge. No refunds will be applicable after 90 days of purchase.

11. User Content.

We want you and everyone else who is using and sharing our services enjoy it all the way! However, because we want to protect you and all users to make sure you enjoy experience of EZ Fit Card services, we reserve the right but will not have an obligation to remove or refuse any user content on our services, to suspend or terminate users, and to block participants of EZ Fit Card chats in our messenger service without liability to us, in our sole discretion, violates these terms and guidelines. If more then three users of EZ Fit Card will report that account is fake we will block it till users will provide information about accounts legal content and real user.

12. EZ Fit Card use of Your user content. EZ Fit Card will consider anything you provide to EZ Fit Card, including feedback, ideas or suggestions and/or contribute to this Service as available for our use free of any obligations to you (including any payment).

13. Claims of Infringement. If you believe that any materials accessible on or from the Service infringe your copyrights, you may request the removal of those materials (or access thereto) by contacting our copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures –  EZ Fit Card DMCA Policy.

14. Responsibility for Your Use. You may only use our Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Service, otherwise you may be exposed to criminal and/or civil liability. You agree that if a third-party claim that material you have contributed to our Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Service are the sole responsibility of the sender, not EZ Fit Card, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Service.

15. System Abuse; Bulk Messaging. Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., sending copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., sending unsolicited messages for business or other purposes) In addition, you agree not to send “bulk messaging” (i.e. sending messages for business or other commercial purposes) without written permission by EZ Fit Card, or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person, including placing malware on the Service. You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Service.

16. Security of User Accounts. If you create a User Account by selecting a password and providing your name, you are responsible for all activities that occur under your User Account. You agree to notify EZ Fit Card immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account including your password. EZ Fit Card will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. EZ Fit Card shall be entitled to monitor your user Account and password, at its discretion, require you to change your password. If you use a username and password that EZ Fit Card considers insecure, EZ Fit Card will be entitled to require this to be changed and/or terminate your User Account.

17. Violation of Security Systems. You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, EZ Fit Card reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

18. Termination. We aspire that you will always continue to share good vibes through the use of our Service, but you may terminate your relationship with EZ Fit Card at any time. If you are using our free Service, you may simply cancel to use the Service. Where permissible under the law, EZ Fit Card has the right to terminate your rights under our Service without notice.

19. Disclaimer of Warranties. Although we make great efforts to make our Service error and interruption free, we cannot promise that such efforts will result with such desired performance. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EZ FIT CARD DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT. EZ FIT CARD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EZ FIT CARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. EZ FIT CARD MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND EZ FIT CARD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE ACCESSING A UNITED KINGDOM OR LUXEMBOURG VERSION OF THE SERVICE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR EMPLOYEES.

20. Limitation of Liability. EZ FIT CARD DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE EZ FIT CARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

21. Indemnity. You agree to indemnify and hold harmless EZ Fit Card from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto Viber’s servers and/or from any and all use of your User Account.

22. Release. If you have a dispute with one or more users, you release EZ Fit Card from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

23. Investigations. EZ Fit Card may seek to gather information from a user who is suspected of violating these Terms and from any other user. EZ Fit Card may suspend any users whose conduct, postings or sharing unlawful materials or subjects are under investigation and may remove such material from its servers as it deems appropriate and without notice. If EZ Fit Card believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. EZ Fit Card may fully cooperate with any law enforcement authorities or court order requesting or directing EZ Fit Card to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF EZ Fit Card FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF EZ Fit Card DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF EZ Fit Card OR LAW ENFORCEMENT AUTHORITIES.

24. Reservation of Rights. EZ Fit Card reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Service and/or any software, facilities, and services on this Service, with or without notice and/or to establish general guidelines and limitations on their use.

25. Local Regulations. We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

26. Third-Party Services. This Service may link you to other sites on the Internet and third-party partners which cooperate with us to provide you certain Services. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of EZ Fit Card, and you acknowledge that (whether or not such sites are affiliated in any way with EZ Fit Card) EZ Fit Card is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, and that your use of such sites is subject to their respective terms of use. The inclusion of such a link does not imply endorsement of any site by EZ Fit Card or any association with its operators.

27. EZ Fit Card cannot ensure that you will be satisfied with any products or services that you use or purchase from any third-party site that links to or from EZ Fit Card since the third-party sites are owned and operated by independent retailers. EZ Fit Card does not endorse any of the merchandise, nor has EZ Fit Card taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. EZ Fit Card does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.

28. Proprietary Online Services. Any area of this Service that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

29. Jurisdictional Issues. The Materials and all other content in this Service are presented for the purpose of providing information regarding the EZ Fit Card Services available in the United States and elsewhere.

30. Choice of Law. To the extent permitted by law, and with the exception of Section 8 (which will be construed in accordance with the FAA and New Jersey law), these Terms shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, as they are applied to agreements entered into and to be performed entirely within New .

31. Binding Arbitration of All Disputes; No Class Relief.

This section sets forth the exclusive way you can resolve any dispute you may have with us. If you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue class action.

(a) U.S. Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to EZ Fit Card’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and EZ Fit Card arising under these Terms shall be resolved through binding arbitration pursuant to the Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New Jersey state or federal court with substantial experience in the internet industry and shall follow New Jersey substantive law in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to EZ Fit Card. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, EZ Fit Card shall pay the costs and fees of JAMS and the arbitrator. EZ Fit Card agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

(b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service or the Terms (a “Section 8(b) Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b).  Your notice to us must be sent to us at support@ezfitcard.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Viber and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or EZ Fit Card to resolve the Section 8(b) Dispute on terms which either you or EZ Fit Card, in each of our sole discretion, are uncomfortable with.

If your Section 8(b) dispute against EZ Fit Card involves a paid EZ Fit Card Service and we are unable to resolve it through dialogue (as described above), EZ Fit Card will Directive 2013/11/EU on Consumer Alternative Dispute Resolution. The European Commission Online Dispute Resolution (“ODR”) can be accessed at eu.europa.eu/odr.

33. How to Contact Us. This Service is controlled and operated by ATG Development, LLC a incorporated under the laws of the New Jersey State law, with registered office at 7912 River Road, Suite 1102, North Bergen, NJ 07047, USA, and registered with the Trade and Companies Register of USA. Please forward any comments or complaints about the Service to suport@ezfitcard.com Please forward any questions regarding privacy to suport@ezfitcard.com and other legal matters to suport@ezfitcard.com.

34. General. If any provision of these Terms is adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and EZ Fit Card relating to the matters contained here and the Service.

In the event you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.

Current Terms of Use PDF Version EZ Fit Card Terms of Use April 2018



 

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