IMPORTANT-READ CAREFULLY: This End-User License Agreement (“Agreement”) sets forth the conditions by which EZsamaritan LLC will make electronic access to the EZsamaritan LLC licensed content and associated media, software, documentation, printed materials and electronic documentation contained in this package and/or made available to you via this Website (the “Licensed Content”), available to you (the “End User”). BY CLICKING THE "I ACCEPT / AGREE" BUTTON AND, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE USE OF THE LICENSED CONTENT
1.0 SCOPE OF LICENSE
1.1 Licensed Content. The Licensed Content may contain portions of modifiable content (“Modifiable Content”) and content which may not be modified or otherwise altered by the End User (“Non-Modifiable Content”). For purposes of this Agreement, Modifiable Content and Non-Modifiable Content may be collectively referred to herein as the “Licensed Content.” All Licensed Content shall be considered Non-Modifiable Content unless such Licensed Content is presented to the End User in a modifiable format and it is clearly indicated that modification of the Licensed Content is permitted.
1.2 Subject to the End User’s compliance with the terms and conditions of this Agreement, EZsamaritan LLC hereby grants the End User, a non-transferable, non-exclusive, limited right to access and view a single copy of the Licensed Content on a single personal computer system for non-commercial, internal, personal use only. The End User shall not (i) reproduce, copy, modify (except in the case of Modifiable Content), distribute, display, transfer, sublicense, prepare derivative work(s) based on, sell, exchange, barter or transfer, rent, lease, loan, resell, or in any other manner exploit the Licensed Content; (ii) remove, obscure or alter any notice of EZsamaritan LLC’s intellectual property rights present on or in the License Content, including, but not limited to, copyright, trademark and/or patent notices; or (iii) disassemble, decompile, translate, reverse engineer or otherwise reduce the Licensed Content. EZsamaritan reserves the right to use a hardware lock device, license administration software, and/or a license authorization key to control access or password protection technology to the Licensed Content. The End User may not take any steps to avoid or defeat the purpose of such measures. Use of the Licensed Content without the relevant required lock device or authorization key is prohibited. UNDER NO CIRCUMSTANCES MAY NON-SELLABLE ITEMS PROVIDED TO YOU BY EZsamaritan LLC (INCLUDING, WITHOUT LIMITATION, ANNOTATED INSTRUCTOR’S EDITIONS, SOLUTIONS MANUALS, INSTRUCTOR’S RESOURCE MATERIALS AND/OR TEST MATERIALS) BE SOLD, AUCTIONED, LICENSED OR OTHERWISE REDISTRIBUTED BY THE END USER.
1.3 Fees Disclosure. While others charge as much as 9% for platform service fee, we make it FREE for all religious, and non-profit charity organizations (501c3). When we said it’s FREE, it’s FREE! No gimmicks or no tricks of any kind. With EZsamaritan.com, there are more ways to fundraise for your cause, more incentives for donors to give, and more opportunities for you to reach out to strangers for donations because of our online charity auction platform. Best of all, more money for your cause because there is NO platform service fee for all the charity and non-profit 501c3 organizations. See fee comparison details.
2.1 EZsamaritan LLC may at any time (without prejudice to its other rights or remedies) immediately terminate this agreement and/or suspend access to some or all of the Licensed Content, in the event that the End User does not comply with any of the terms and conditions of this Agreement. In the event of such termination by EZsamaritan LLC, the End User shall immediately return any and all copies of the Licensed Content to EZsamaritan LLC.
3.0 PROPRIETARY RIGHTS
3.1 The End User acknowledges that EZsamaritan LLC owns all right, title and interest, including, but not limited to all copyright rights therein, in and to the Licensed Content, and that the End User shall not take any action inconsistent with such ownership. The Licensed Content is protected by U.S., Canadian and other applicable copyright laws and by international treaties, including the Berne Convention and the Universal Copyright Convention. Nothing contained in this Agreement shall be construed as granting the End User any ownership rights in or to the Licensed Content.
3.2 EZsamaritan LLC reserves the right at any time to withdraw from the Licensed Content any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, unlawful or otherwise objectionable. We also reserved the right to change the terms and conditions, licensing policy and fees without justification or notification.
4.0 PROTECTION AND SECURITY
4.1 The End User shall use its best efforts and take all reasonable steps to safeguard its copy of the Licensed Content to ensure that no unauthorized reproduction, publication, disclosure, modification or distribution of the Licensed Content, in whole or in part, is made. To the extent that the End User becomes aware of any such unauthorized use of the Licensed Content, the End User shall immediately notify EZsamaritan LLC. Notification of such violations may be made by sending an Email to [email protected].
5.0 MISUSE OF THE LICENSED PRODUCT
5.1 In the event that the End User uses the Licensed Content in violation of this Agreement, EZsamaritan LLC shall have the option of electing liquidated damages, which shall include all profits generated by the End User’s use of the Licensed Content plus interest computed at the maximum rate permitted by law and all legal fees and other expenses incurred by EZsamaritan LLC in enforcing its rights, plus penalties.
6.0 FEDERAL GOVERNMENT CLIENTS
6.1 Except as expressly authorized by EZsamaritan LLC, Federal Government clients obtain only the rights specified in this Agreement and no other rights. The Government acknowledges that (i) all software and related documentation incorporated in the Licensed Content is existing commercial computer software within the meaning of FAR 27.405(b)(2); and (2) all other data delivered in whatever form, is limited rights data within the meaning of FAR 27.401. The restrictions in this section are acceptable as consistent with the Government’s need for software and other data under this Agreement.
7.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
7.1 Although EZsamaritan LLC believes the Licensed Content to be reliable, EZsamaritan LLC does not guarantee or warrant (i) any information or materials contained in or produced by the Licensed Content, (ii) the accuracy, completeness or reliability of the Licensed Content, or (iii) that the Licensed Content is free from errors or other material defects. THE LICENSED PRODUCT IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND AND EZsamaritan LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. IN NO EVENT SHALL EZsamaritan LLC BE LIABLE FOR: INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING FOR LOST PROFITS, LOST DATA, OR OTHERWISE. IN NO EVENT SHALL EZsamaritan LLC's AGGREGATE LIABILITY HEREUNDER, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY THE END USER HEREUNDER FOR THE LICENSE OF THE LICENSED CONTENT.
8.1 Entire Agreement. This Agreement shall constitute the entire Agreement between the Parties and supersedes all prior Agreements and understandings oral or written relating to the subject matter hereof.
Enhancements/Modifications of Licensed Content. From time to time, and in EZsamaritan LLC’s sole discretion, EZsamaritan LLC may advise the End User of updates, upgrades, enhancements and/or improvements to the Licensed Content, and may permit the End User to access and use, subject to the terms and conditions of this Agreement, such modifications, upon payment of prices as may be established by EZsamaritan LLC.
8.3 No Export. The End User shall use the Licensed Content solely in the United States and shall not transfer or export, directly or indirectly, the Licensed Content outside the United States.
8.4 Severability. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable. In such a case, the remainder of the Agreement shall be construed in a manner as to give greatest effect to the original intention of the parties hereto.
8.5 Waiver. The waiver of any right or failure of either party to exercise in any respect any right provided in this Agreement in any instance shall not be deemed to be a waiver of such right in the future or a waiver of any other right under this Agreement.
8.6 Choice of Law/Venue. This Agreement shall be interpreted, construed, and governed by and in accordance with the laws of the State of New York, applicable to contracts executed and to be wholly performed therein, without regard to its principles governing conflicts of law. Each party agrees that any proceeding arising out of or relating to this Agreement or the breach or threatened breach of this Agreement may be commenced and prosecuted in a court in the State and County of Kent, Michigan. Each party consents and submits to the non-exclusive personal jurisdiction of any court in the State and County of Kent County, Michigan in respect of any such proceeding.
8.7 Acknowledgment. By opening this package and/or by accessing the Licensed Content on this Website, THE END USER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS THE LICENSED CONTENT AND RETURN THE LICENSED PRODUCT TO EZsamaritan LLC (WITHIN 30 CALENDAR DAYS OF THE END USER’S PURCHASE) WITH PROOF OF PAYMENT.
9.0 FUNDRAISER / CAMPAIGNER
9.1 Account. Account registration is required for any campaign to use the EZsamaritan LLC website. As part of the account registration and in order to withdraw any funds raised, a separate account must be established with our payment gateway processor, Stripe, directly. Fundraising campaigns shall not be fully active and will be unable to receive donations until accounts are established with both EZsamaritan.com and Stripe.com.
9.2 Online Auction. Fundraisers who elect to use the online auction platform, https://auction.ezsamaritan.com, agree to the following: 1. Any agreement entered into with an auction item's donor is an independent agreement between you and the donor. EZsamaritan L.L.C functions solely as the company that provides the software platform (website) to facilitate the fundraising. EZsamaritan has no involvement, responsibility, or liability for any of aspect of the agreement between you, the fundraiser, and donor of the item(s). 2. Fundraiser responsibilities include, but are not limited to, a) accept, negotiate or decline the donation offer; b) setup and manage the auction process from start to finish; c) Offer coordination assistance for shipping and handling of the auction item(s) between the donor and the winning bidder; d) verify and confirm receipt of winning bidder’s remittance prior to disbursement of funds to the beneficiary; e) confirm receipt of the auction item by the winning bidder; f) assist in conflict resolution between the donor and the winning bidder. 3. Any chargeback to EZsamaritan L.L.C. by the payment gateway processor, Stripe, for any reason, due to but not limited to payment disputes, cancellation, or product return, shall be applied to the fundraiser’s account.
9.3 Tax. For questions relative to taxes, it is highly recommended that you speak to an accountant, CPA, or tax professional to understand your obligations. EZsamaritan L.L.C is NOT licensed or qualified to provide advice on any tax matters.
Fee. Two separate fees apply for each campaign. The first fee is charged by the payment processor, Stripe--EZsamaritan LLC has no affiliation with or control over Stripe’s terms or fees. The second fee is the platform service fee charged by EZsamaritan LLC for using its fundraising platform. Be sure to read and understand campaign fees prior to launching a fundraising campaign. Your use of EZsamaritan.com constitutes your acceptance of the associated campaign fees. EZsamaritan LLC currently offers zero fees for all the religious and non-profit 501c3 organizations.
9.5 Assigning a Beneficiary. EZsamaritan allows fundraisers the option to establish an account that will subsequently be assigned to another individual or organization. However, the fundraiser maintains ultimate responsibility for campaigns established under their account regardless of who holds beneficiary status.
Refund by EZsamaritan LLC. EZsamaritan LLC reserves the right to issue full refunds for disputed auction items to winning bidders whose full payment has been received. EZsamaritan may exercise this right in its sole discretion for any reason whatsoever without the approval of the fundraiser. Any and all costs associated with a refund will be applied to the fundraiser’s account.
By placing a bid on EZsamaritan’s auction site, bidders are entering into a legally binding contract to complete the transaction if they are the successful bidder. All bidders must register for an account with the payment processor, Stripe, in order to pay for any auctions won. There is no cost to register for an account with Stripe or with EZsamaritan.com. Please refer to EZsamaritan.com Auction Bidder FAQ’s for additional information.
Donor(s) of the item for online auction. An agreement or offer to donate tangible goods for auction is strictly between the fundraiser and the auction item donor. The terms and conditions of the donation will be agreed upon by the fundraiser and auction item donor prior to the commencement of the auction. EZsamaritan has no liability or accountability for an agreement made between the fundraiser and the auction item donor. If an auction item donor opts to reserve a portion of the proceeds from the winning bid, the auction item donor will be required to establish an account with the payment processor, Stripe, in order to receive funds. The release of auction proceeds is controlled by the fundraiser.
For questions or to receive additional clarification, contact us as at [email protected] or write to us at P.O. Box 88181. Grand Rapids, MI 49518. Rev 4.24.18