Introduction. The EZAlert.me web site provides the content, services, features and functionality available at/and all subdomains thereof (collectively, the “Site”) to you, as a user of the Site (“you” or “user”), subject to the following Terms of Service (“Terms”). We may update these Terms from time to time, but you can review the most current version at http://ezalert.me/pages/terms. By accessing or using the Site, you agree to be bound by these Terms, together with any additional guidelines or policies posted on the Site, which are incorporated into these Terms by this reference.
Description. EZAlert.me offers a service based on its own API and BOT system for delivering instant messages to well known IM applications/platforms. To provide the service you must register to EZAlert.me with a valid email address and use the site as described in detail in the site itself.
The Service. EZAlert.me provides a simple message transport service: registered users will be granted to use EZALert.me APIs and/or an EZALert.me email gateway to push messages to all enabled devices. To enable a device receiving user messages, user must add EZAlert.me bot to its contact list/conversations.
Content Limits. User is authorized to use the Site service only to transport technical/informative alerts, technical information and other informational communication. The service is not intended and must not be used to transport: advertising or marketing communication, confidential and/or classified information. Users must also guarantee that the contents distributed via EZAlert.me are not illegal, libelous, defamatory, obscene or pornographic.
Usage Limits. Use of the Site and related services may be subject to limits. In particular the Site will limit the hourly call rate of the APIs, the number of different EZAlert.me channels a user can create and use, and the number of subscribed user for each channel.
Delivery Policy. EZAlert.me uses a “best effort” delivery policy, and does not provide any guarantee that data is delivered or that delivery meets any quality of service.
Trademarks. EZAlert.me is a trademark, trade name, and/or service mark of CodeGuru Srl. All other trademarks, tradenames, service marks, logos or other brand indicia, or product and service names (“Marks”) are the property of their respective owners. You agree not to display or use in any manner any Mark appearing on the Site without permission from the owner of such Mark.
Third-Party Applications. All intellectual property rights in and to the applications connected to the Site or for which we provide a IM channel, are held by their respective owners, including copyrighted images from such sites/apps and associated trademarks. Unless otherwise expressly indicated on the Site, we are not affiliated with the owners of such intellectual property in any way.
Intellectual Property Rights. You acknowledge and agree that the Site, including without limitation all copyrights, designs, the “look and feel” of the Site, trademarks and all other intellectual property rights relating to the Site Content as herein described, including EZAlert.me software and all HTML, XML and other code contained in this Site, shall remain at all times owned by and vested in EZAlert.me and/or its licensors. The technology and the software underlying the Site is the property of EZAlert.me and/or its licensors. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Site. EZAlert.me reserves all rights not expressly granted hereunder.
Restrictions Applicable to International Use. You agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Site and the transfer, posting and uploading of software, technology, and other technical data via the Site may be subject to the export and import laws of yours and other countries. You agree to comply with all applicable export and import laws and regulations.
Termination of Your Access to the Site. We may indefinitely suspend or terminate your right to use or access all or any part of the Site, without notice or liability, for any reason in our sole discretion, including without limitation, your violation of these Terms or our belief that such access would violate applicable law or be harmful to us or another user.
Feedback. We welcome your feedback on the Site. However, you understand and agree that by submitting ideas, suggestions, and feedback to us regarding the features or functionality or Content of our Site, (“Feedback”), you are granting us an irrevocable right to use and exploit such Feedback in whatever manner we deem fit without any obligation to you, monetary or otherwise.
Disclaimer of Warranties. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE OR OTHERWISE USED TO PROVIDE THE SITE (COLLECTIVELY, “SITE MATERIALS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING BY THE OWNER OR PROVIDER OF SUCH SITE MATERIALS. EZAlert.me MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE SITE MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. ANY RELIANCE ON THE OPINIONS, ADVICE OR INFORMATION ON THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE ABOVE, EZAlert.me MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (I) AS TO THE ACCURACY OR RELIABILTY OF ANY SITE CONTENT, (II) REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, (III) THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) THAT THE SITE WILL BE FREE FROM HARMFUL CODE OR COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EZAlert.me DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability. YOU UNDERSTAND AND AGREE THAT NEITHER EZAlert.me NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS WILL BE LIABLE TO YOU IN CONNECTION WITH YOUR USE OF THE SITE, YOUR RELIANCE ON ANY OF THE SITE CONTENT OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR DATA DESTRUCTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. At our request, you agree to defend, indemnify and hold harmless EZAlert.me and its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including reasonable attorneys’ fees, arising from: (a) any User Created Content you make available to or through the Site, (b) your use of the Site, (c) your violation of these Terms, or (d) your violation of any right of any other person or entity.
Access to the Site; Interference. You are solely responsible for providing and maintaining all hardware, software, electrical and other equipment required for Your access to the Site, including, without limitation, telecommunications and internet access connections. You understand that while we employ measures to ensure that the Site is accessible 24 hours a day/7 days a week, we cannot guarantee the uninterrupted display or accessibility of the Site. In the event of any inaccessibility of Site due to reasons within our control, our sole liability and obligation will be to use commercially reasonable efforts to restore access as soon as practicable. You agree that you will not use any device, software or routine to interfere with the proper working of the Site or use any automated means, including, without limitation, agent, robots, scripts or spiders to access, monitor or copy the Site.
General. These Terms (including any other policies displayed on the Site) constitute the whole legal agreement between you and EZAlert.me related to your use of and access to the Site and services. EZAlert.me reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that EZAlert.me shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any part thereof). If EZAlert.me fails to exercise or enforce any right or remedy available through these Terms or applicable law, this will not act as a formal waiver of EZAlert.me’s rights or remedies. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, then that provision will be removed from these Terms without affecting the rest of the Terms. You agree that monetary damages may not provide a sufficient remedy to EZAlert.me for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Please report any violations of these Terms by emailing ezalert [at] ezalert.me. 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 Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal effect. EZAlert.me reserves the right to make changes to the posted policies and these Terms at any time without notice or liability. You understand that it is your responsibility to check the Terms regularly for changes.
These Terms and Conditions were revised March 20, 2018