Terms of Service

Please note: Section 14 contains a JURY TRIAL and CLASS ACTION WAIVER. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION(S) AND/OR REPRESENTATIVE ACTION(S).

1. Accepting These Terms

These Terms of Service ("Terms") are a legally binding agreement between you ("you" or "your") and EZLeads Management, Corp. ("EZLeads") including each and every of its owners, agents, officers, directors, shareholders, employees, contractors, sub-contractors, independent contractors, partners, members, managers, parents, subsidiaries and affiliates (together, "the EZLeads Representatives", "we" or "our"). The Terms set forth your rights and responsibilities when you use any of the tools, features, and services (collectively, the "Services") provided through any EZLeads website or mobile site, including, without limitation, our website ("Website") and web-based and mobile applications ("Apps") that reference or link to these Terms. You agree to be bound by these Terms and our Privacy Policy when you access or use one or all of the Services.

2. Your Use of EZLeads' Services

You may only use the Services if you are at least eighteen (18) years old and possess the legal capacity to form a binding agreement with EZLeads. If you are accessing and using the Services on behalf of an entity, you must have the authority to agree to these Terms. If you do not have the required legal capacity or authority, or if you do not agree to abide by or be bound by these Terms and our Privacy Policy, please do not access, use, or register for any of our Services.

The Services include tools that may help you:

1. Buy a vehicle, such as by allowing you to search our inventories of vehicles, assisting you with obtaining financing, or arranging for delivery of the selected vehicle(s) (where available);
2. Sell a vehicle, such as by allowing you to submit information regarding your vehicle(s) for appraisal, which may or may not lead to EZLeads purchasing your vehicle(s); and
3. Submit Content, such as by allowing you to connect with EZLeads (the "Interactive Areas"), and share information, recommendations, and reviews. Any content that you submit through the Interactive Areas shall be called "Submissions".

3. Your Account with EZLeads

You are responsible for your acts and the acts of others utilizing your Account. You must immediately notify EZLeads of any unauthorized use of your Account or breach of its security.

A. Opening an Account

We may require you to open an Account by providing EZLeads with certain requested information. You must provide EZLeads with accurate and complete information and keep it updated. You may not open more than one Account; EZLeads reserves the right to close any duplicate accounts. You are responsible for maintaining the confidentiality of your password and log-in details. EZLeads will not be responsible for any damage that is caused to you or others under your Account. Similarly, without authorization, you must not use the Account of any other person or entity.

B. Closing Your Account

To close your Account, contact us through the Contact Us portal of the Website with sufficient information to identify the Account you would like to close. Once an Account is closed, its information may be retained, deleted, or made unavailable. EZLeads is not responsible for any information, content, or submissions that are lost due to the closing of an Account.

4. Content and Information on the Services

A. Content Accessible Through the Services

The Services include our proprietary content and the licensed content of others, which may include data, text, photographs, videos, audio clips, written posts and comments, logos, button icons, data compilations, software, scripts, graphics, illustrations, interfaces, GUI and interactive features, as well as other resources (such as FAQs, articles, or support services), and all related documentation, know-how, specifications, materials and designs of the Services (collectively, the "Content").

B. Information Received Through the Services

Any information you receive through the Services is provided "as is" and "as available". We cannot guarantee that any information is correct or up-to-date. EZLeads is not responsible for any typographical errors or omissions relating to pricing, text, photography or any other information included in the Services. EZLeads reserves the right to refuse or cancel any orders placed for products, services, or vehicles at incorrect prices, regardless of whether the orders have been confirmed and/or payment has been made. If payment was made prior to cancellation, EZLeads will issue a refund of the payment after deducting any applicable transaction or other fees. If you spot any materials or information that you believe to be inaccurate, please contact us through the Contact Us portal of the Website, briefly describing the inaccuracy.

5. Rules and Regulations

If we have reason to believe you are breaking the law, being inappropriate, or abusing our infrastructure, we may stop you from accessing the Services. Your breach of these Terms or our Privacy Policy also may expose you to civil or criminal liability. See our Acceptable Use Policy for the complete list of prohibited activities.

A. Responsibility for Your Submissions

Your Submissions include content that you (i) post to Interactive Areas or on our branded social media pages on third-party services, and (ii) tag us, our products, or our services in, including on your social media accounts on other services. You are entirely responsible for your Submissions. Any and all Submissions posted, viewed, or accessed are at your own risk. EZLeads makes no express or implied warranty about the accuracy, copyright compliance, legality, or any other aspect of any Submissions.

Without limiting the foregoing, you may not use the Services to submit or upload any Submissions:

1. Relating to a vehicle, if (a) you are not the legal owner of the vehicle, (b) the vehicle is not registered in your name, or (c) you do not otherwise have the legal right to sell such vehicle;
2. If the purpose of doing so is to compete with EZLeads or the Services;
3. That contain unsolicited promotion, advertising, contests, or raffles;
4. That are fabricated, false, illegal, misleading, inaccurate, disparaging, offensive, or inappropriate;
5. That infringe or violate any intellectual property or other rights of EZLeads or any third party, or violate any law, rule, regulation, or contractual duty;
6. That include a person's or entity's identification documents or sensitive financial information if you do not have the requisite authority or permission;
7. That violate any other restrictions we provide to you; or
8. That are on behalf of another person, if such other person would violate any of the above restrictions.

EZLeads has no obligation to review, edit, or delete Submissions, but we reserve the right to do so, for any reason or no reason, in our sole discretion. In addition, EZLeads may limit the size and storage spaces available for Submissions.

B. Other Prohibited Conduct

You also may not do any of the following through the Services:

1. Falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, or express or imply that EZLeads endorses you, your vehicle, or your business;
2. Use the Services in any way that is immoral, unauthorized, or illegal;
3. Use the Services in any way that is racist, sexist, homophobic, inflammatory, defamatory, harassing, misleading, invasive of EZLeads' or another's privacy or publicity rights, or is otherwise offensive or objectionable;
4. Use the Services in any way or for any purpose that in our sole discretion is likely to harm EZLeads or the EZLeads Representatives;
5. Attempt to interfere with or disrupt the ability to access the Services, the operation of the Services, or the servers or networks that host them;
6. Remove or disassociate from the Content or the Services any restrictions or signs indicating proprietary rights of EZLeads or its licensors, including any proprietary notices (such as ©, ™, or ®);
7. Bypass any measures EZLeads may use to prevent or restrict access to the Services;
8. Use any type of data mining, robots, scrapers, or other data collection methods;
9. Make available in connection with the Services any virus, worm, Trojan horse, spyware, bug, or malware;
10. Use the Services for any purpose for which they are not intended; or
11. Infringe or violate any of the provisions of these Terms or our Privacy Policy.

C. Acts of Others

In some cases, the Services may allow you to interact with other users. EZLeads is not responsible for the acts, omissions or behavior of any individual or entity you encounter through the Services. Although we may choose to intervene or attempt to resolve a dispute, you agree that we have no obligation to do so.

6. Intellectual Property

EZLeads has spent a lot of time creating and obtaining helpful content for the Services. Please respect our rights, and the rights of our licensors, regarding such content.

A. Ownership

All of the intellectual property rights (including, without limitation, inventions, patents and patent applications, trademarks and trademark applications, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Services and the Content are owned by and/or licensed to EZLeads and are protected by applicable copyright and other intellectual property laws. Certain Content displayed within the Services is used with permission from Carfax, Inc., and is protected under United States and international copyright law. Subject to these Terms, you are granted a non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to use (i.e., to download and display locally) our Content for the purpose of using the Services in accordance with these Terms and the Privacy Policy.

Among other restrictions, you shall not:

1. Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable statutory laws specifically and expressly prohibit such restriction;
2. Modify, translate, or otherwise create derivative works of any part of the Services; or
3. Copy, sell, license, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or use the Services for the benefit of any third parties.

You are not permitted to use the EZLeads trademarks, copyrighted content, other intellectual property, or any third-party trademarks appearing on or through the Services without our prior written consent.

B. Submissions License

You must own or have sufficient intellectual property rights to all Submissions that you provide through the Services. You grant EZLeads a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works of, store and use any of your Submissions in connection with the Services, in any media formats and through any media channels known today and developed in the future, for the purpose of operating, marketing, and improving the Services. You also grant EZLeads permission to attribute you in connection with your Submissions. You hereby waive any rights of privacy or publicity in this respect.

C. Feedback

You acknowledge that any suggestions, questions, ideas, or other comments you provide to EZLeads ("Feedback") shall become our sole and exclusive property without any compensation to you. You hereby assign to EZLeads all of your right, title and interest in the Feedback, including all copyrights, patent rights, trade secrets, and trademarks.

D. Linking

You may link to our Services on your rightfully-owned properties as long as (i) the link does not state or imply any connection or approval of EZLeads or portray EZLeads in a false or offensive manner, and (ii) you remove such link immediately upon our written request.

E. DMCA Notices

EZLeads has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). EZLeads itself operates as a fully online service, but our Designated Agent under the DMCA is a physical address as required by statute. If you believe that any content displayed on any of the Services infringes your copyrighted work, you may send notice to EZLeads' Designated Agent at:

Jenkins Lorenzo, LLC.
18851 NE 29th Avenue, Suite 700
Aventura, Florida 33139
Email: dmca@ezleads.io

Please include the following information in your notice:

1. A signature of a person authorized to act on behalf of the owner of the copyright;
2. Identification of works or materials alleged to have been infringed;
3. Identification of alleged infringing material with sufficient detail so EZLeads can find and verify its existence;
4. Contact information about the notifying party;
5. A statement that the notifying party has a good-faith belief that the material is not authorized by the copyright owner, its agent, or the law;
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

7. Third-Party Content and Services

The Services may include materials and information from third parties that EZLeads has not evaluated or reviewed. Furthermore, some of the Services may contain links to non-EZLeads websites, products, or services. These links are for your convenience only; the applicable sites and services are not under our control and we do not endorse or assume any responsibility for them. In some cases, your ability to access or use the Services may depend on software, hardware or other systems or equipment provided by third-party providers who are not under our control. Your access or use of any non-EZLeads websites or services or reliance upon their content is at your own risk. Most of such linked sites or services provide their own legal documents, including terms of use and privacy policies, which govern their use. Please review these terms before using the related products or services. Specific platform-related obligations are described in our Platform Terms.

8. Mobile Services and Messages

As part of the Services, we may communicate with you, or you may communicate with other users, via SMS, MMS or other text messages or mobile functionality ("Text Messages") — but not while driving. We may use an autodialer when communicating with you. Please note that text messaging fees may apply to the sending or receipt of Text Messages. By registering for an Account, providing EZLeads with your phone number, or otherwise using any of our Services that involve communication by Text Messages, you hereby consent to receiving Text Messages from EZLeads. You may opt out of receiving such messages in the future by replying STOP, but some of the Services may not work properly if you do opt out.

9. Subscription Services & Fees

If you subscribe to a paid plan, the following additional terms apply:

• Billing. Subscriptions are billed in advance on a monthly or annual basis. Fees are non-refundable except as required by law or as expressly stated in your order form.
• Auto-renewal. Subscriptions automatically renew at the end of each billing cycle unless cancelled at least thirty (30) days before the renewal date.
• Taxes. Fees are exclusive of taxes; you are responsible for applicable sales, use, VAT and similar taxes.
• Suspensions for non-payment. EZLeads may suspend or terminate the Services if fees remain unpaid more than fifteen (15) days after the due date.
• Usage-based charges. SMS, voice and certain ad-platform features are passed through at cost plus reasonable margin and may incur additional charges based on actual usage.

10. Termination

If you do not comply with the Terms or Privacy Policy, EZLeads may suspend or terminate your Account or otherwise block or restrict your access to the Services. Additionally, EZLeads may refuse to provide the Services for any reason or no reason, at any time. If, for any reason, you no longer consent to the Terms or Privacy Policy, please stop using the Services (and cancel your Account(s), to the extent you have any), and this will be your sole remedy in such circumstances.

Upon termination by you or EZLeads: (i) you will cease any further use of the Services; (ii) all rights granted to you under the Terms and Privacy Policy will automatically terminate; and (iii) certain data (e.g., Content, Submissions) may be retained or deleted at EZLeads' sole discretion. The ownership provisions, licenses of Submissions and Feedback, DMCA policy, disclaimer of warranties, limitation of liability, indemnification, jury trial and class action waiver, governing law and jurisdiction, and general sections of these Terms will survive termination.

11. Disclaimer of Warranties

To the extent legally permissible, any and all of the Services and Content are provided "as-is". EZLeads and the EZLeads Representatives disclaim all warranties of any kind regarding the use of any and all Services, including, without limitation:

1. Warranties regarding the operation, accuracy, reliability, completeness, quality, or suitability of the information or Content displayed on or through them;
2. Warranties of title or non-infringement; and
3. Implied warranties of use, merchantability or fitness for a particular purpose, title and non-infringement as to the Services and the Content or the Submissions, and those arising from course of dealing or usage of trade.

You expressly agree that use of the Services, Content, and Submissions are at your sole risk. Some jurisdictions do not allow the exclusions or limitations set forth above, in which case, the full extent of the above exclusions and limitations may not apply.

12. Limitation of Liability

To the extent permitted by law, in no event will EZLeads or the EZLeads Representatives be liable to you or to any third party for:

1. Indirect, consequential, special, incidental, exemplary, or punitive damages, under any legal theory (including, without limitation, by tort, negligence, contract, or other), arising from or connected to the Services, Terms, Content, or Privacy Policy;
2. Any costs of procuring any substitute goods, technology, or services; or
3. Any damages whatsoever that in the aggregate exceed the greater of (a) the amount actually paid by you (if any) to EZLeads for use of the applicable Services in the immediately previous twelve (12) month period or (b) US $100.00.

13. Indemnification

You agree to defend, indemnify and hold harmless EZLeads from and against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, investigation, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with: (i) your use or misuse of the Content or Services; (ii) your conduct in connection with the Services or with other third parties via the Services; (iii) your Submissions; (iv) your violation of the Terms or Privacy Policy; (v) your violation of any third-party rights, including, without limitation, any intellectual property right or privacy right of such third party; and (vi) any damage, of any sort, you may cause to any third party with relation to the Submissions, Content, or Services. EZLeads reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations and in which event you will fully cooperate with EZLeads in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining EZLeads' prior express written approval.

14. Jury Trial and Class Action Waiver; Jurisdiction

A. Jury Trial Waiver

Most customer concerns can be resolved by contacting us through the Contact Us portal. However, IN THE EVENT THAT YOU AND EZLEADS ARE UNABLE TO RESOLVE ANY DISPUTE OR CLAIM WITH ONE ANOTHER RELATED TO THE SERVICES, TERMS AND/OR CONTENT, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT, TO THE FULLEST EXTENT ALLOWED BY LAW, TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING, CLAIM OR COUNTERCLAIM BETWEEN YOU AND EZLEADS. "Disputes and claims" shall be broadly construed to include past, current, and/or future claims that relate in any way to these Terms, your use of the Services, and/or rights of privacy and/or publicity.

B. Class Action Waiver

You and EZLeads each WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION RELATED TO THE SERVICES, TERMS AND/OR CONTENT. Any litigation under this provision will take place on an individual basis — your right to institute or participate in any class action(s) adverse to EZLeads and/or the EZLeads Representatives is expressly waived. You also agree not to participate in claims against EZLeads brought in a private attorney general or representative capacity, or consolidated claims involving another person's account.

C. Punitive Damages Waiver

YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT, TO THE FULLEST EXTENT ALLOWED BY LAW, TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES FROM EZLEADS RELATED TO THE SERVICES, TERMS AND/OR CONTENT.

D. Jurisdiction

Any legal suit, action or proceeding arising out of or relating to the Services and Content shall be instituted in the Circuit Court in and for the Eleventh Judicial Circuit, Miami-Dade County, Florida, and you and EZLeads irrevocably submit to the exclusive jurisdiction of said court in any such suit, action or proceeding.

15. Changes to the Services or Terms

EZLeads reserves the right to make changes to its Services and/or Terms at any time and for any reason without prior or subsequent notification. All changes are effective as of the date modified and your continued use of the Service(s) after the modification date will constitute acceptance to be bound by those changes. EZLeads reserves the right to stop, temporarily or permanently, the operation of any and all Services without notice, on a general or specific basis, at any time.

16. General

These Terms constitute the entire agreement between you and EZLeads regarding your use of any and all of the Services as detailed herein, and supersede any prior agreements between you and EZLeads relating to such use.

These Terms are governed by the laws of the State of Florida, without regard to its conflicts of law rules.

These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and EZLeads.

Any heading, caption, section title or summaries contained in these Terms is inserted only as a matter of convenience and shall not affect their interpretation. Any use of "including", "for example" or "such as" in these Terms shall be read as being followed by "without limitation" where appropriate.

The failure of either party to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be amended as possible to comply with the applicable law. This shall not affect the validity and enforceability of any remaining provisions.