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ezColumbia Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE EACH USE OF THIS SITE.
By using this website, you agree to comply
with and be bound by the following terms and conditions, which
ezColumbia, Inc. may change at any time.
OWNERSHIP AND USE OF COPYRIGHTS, TRADE
NAMES AND TRADEMARKS
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ezColumbia
is a registered
Maryland trade name owned by ezColumbia, Inc., a
Maryland corporation.
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Except as otherwise indicated, this
website, and all text, images, marks, logos and other content and
compilations contained herein, including the phrase “Good People.
Good Stuff.”, ("Website Content") are registered and/or common law
trade names, trademarks or copyrights of ezColumbia,
Inc. and/or various third parties.
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ezColumbia, Inc.
authorizes and licenses you to view, download and print
information contained on this site only for your own use. You may
not modify the Website Content, nor may you use any copyright,
trademark or trade name that has been placed in the Website
Content by ezColumbia, Inc.
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You expressly agree to indemnify and
hold harmless ezColumbia, Inc. against any liability
to any person arising out of your unauthorized or illegal use of
(1) Website Content, or (2) copyrights, trademarks, or trade names
within Website Content.
WARRANTY
DISCLAIMER AND LIMITATION OF LIABILITY
NO
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER
NATURE ARE MADE HEREUNDER WITH RESPECT TO INFORMATION OR THE PRODUCT
OR SERVICE TO WHICH INFORMATION REFERS. ALL WEBSITE CONTENT IS
PROVIDED "AS IS."
LINKS TO OTHER SITES
The ezColumbia, Inc. site
contains links to third-party web sites. The linked sites are not
affiliated with or under the control of ezColumbia, Inc.,
and ezColumbia, Inc. is not responsible for the contents
of any linked site. ezColumbia, Inc. provides these links
as a convenience, and a link does not imply endorsement of,
sponsorship of or affiliation with the linked site by ezColumbia, Inc., or advertisement or recommendation of any goods
or services offered by such third party sites.
PUBLICATION OF IDENTIFYING INFORMATION OF
PERSONS, BUSINESSES, ORGANIZATIONS AND ENTITIES
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One
purpose of this site is to provide information about businesses,
organizations, entities, service providers, restaurants, retailers, etc.,
within the Columbia, Maryland, geographic area. Much of the
information provided on this site was posted by ezColumbia, Inc. and derived from publications made available
to the public. While the express consent of all persons and
entities listed on this site has not been obtained, ezColumbia, Inc. will remove the listing of any person or
entity who does not want to be listed.
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The
businesses, organizations, entities, service providers, retailers,
etc, identified herein are not affiliated with, endorsed by, or
under the control of ezColumbia, Inc.
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We have
made every attempt to ensure the accuracy of information provided,
but we cannot, and do not, warrant the accuracy of any such
information.
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By
listing a particular person, organization or entity, or by
providing the ability of others to post listings or reviews, we
are not endorsing or recommending a business, service or product,
but simply making the information available to you, the user, in
order that you may make an informed decision as to what
businesses, organizations, entities or products you wish to use.
To the extent that a person, organization, entity or business is
not listed on this site, it is not because we have made any
conclusions about the products or services offered by such person
or entity. In fact, if you or your business want to be identified
on this site, please contact us. We will review your request and,
if the information serves the purpose of the site, we will
consider placing the information on the site.
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We
reserve the right to withhold any information from this site to
the extent that the information is determined by us to be illegal,
illicit or profane.
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We are
an equal opportunity web site. It is our policy not to illegally
discriminate against any person or entity.
LIMITATIONS ON
POSTING OF CONTENT
This site allows users to post classified
advertisements and local service listings and to submit reviews of
local businesses and service providers identified herein. Such content
shall be posted and used only in accordance with these terms and
conditions. ezColumbia, Inc. acts merely as service for
the online distribution and publication of user content by and for its
users, and has no obligation to monitor information posted by users in
advance. However, ezColumbia, Inc. may review and delete
any classified, local service listing, review or other content that it
believes: (1) violates these terms and conditions or any applicable
law, rule or regulation; (2) is offensive or illegal, or (3) violates
the rights of, or harms or threatens the safety of, any person.
ezColumbia, Inc. reserves the right to “flag” or remove
content which it, in its sole discretion, believes violates these
terms, and/or to prevent further use of this site by any user believed
to have violated these terms.
By way of example, information that may be deemed to be unlawful,
offensive or violative of these terms includes, but is not limited to,
information or content:
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that is
unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors
in any way;
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that is
pornographic;
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that contains profane, vulgar,
obscene, or racist language or adult material.
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that contains personal identifying
information about another user, including real name, address,
phone number, or e-mail address;
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that contains links or scripts;
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that is posted by a user who provided
ezColumbia, Inc. with false contact information and
could not be contacted;
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that is
harassing or discriminatory toward an individual or group of
individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
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that is
false, deceptive, misleading or deceitful;
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that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any person or entity;
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that is
considered "junk mail" or "spam;" or
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that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment.
POSTING
OF USER RECOMMENDATIONS AND REVIEWS
This site may contain and allow its users
to post recommendations or reviews of third party businesses,
retailers, service providers, etc.
ezColumbia, Inc. does
not edit or control the information posted, and will not be in any way
responsible or liable for such information, whether it is negative,
positive or neutral.
ezColumbia, Inc. reserves the right
for any reason in its sole discretion to remove without notice any
posted information. By posting information, you acknowledge that such
information or material may be freely used, copied and distributed, in
any medium and in any form, by others without your permission. You
agree not to post or distribute any information or material that is
copyrighted by any third party without the express written consent of
such party, and you agree to indemnify and hold harmless
ezColumbia, Inc. from any claim arising out of or relating to your
violation of this provision.
Users should use caution and good judgment
when posting reviews for another user of ezColumbia because users
could be held legally responsible for damages to another user’s
reputation if a court were to find that the remarks constitute libel
or defamation. Under federal law (the Communications Decency Act),
because
ezColumbia, Inc. does not censor reviews or
investigate them for accuracy,
ezColumbia, Inc. is not
legally responsible for the remarks that users post, even if those
remarks are defamatory. However, this law does not protect the person
who posts the review from responsibility for it.
The following policies and procedures
shall apply to the posting of any review, and any complaints,
comments, recommendations or reviews, which may be negative, positive
or neutral, are subject to the terms of this site and to these
policies and procedures:
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Removal by ezColumbia,
Inc.
ezColumbia, Inc. will remove reviews and comments
if they violate any provision set forth in the section entitled
“LIMITATIONS ON POSTING OF CONTENT.”
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Right To Refute Or Rebut Posting Of
Reviews Or Comments; Resolution; Removal
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When any review is submitted,
whether it is negative, positive or neutral, the user
submitting such content (“reviewing user”) shall be required
to provide his or her e-mail address. As stated in the review
form, such email address will only be used to verify the
review submission, and will not be displayed with the review.
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Any third party business, retailer
or service provider who listed a product or service or whose
product or service is listed (“listing user”), and who wishes
to refute or rebut any complaint, comment, recommendation or
review shall be entitled to obtain the email address of and
contact the reviewing user in an effort to resolve the matter
and have the listing user remove such content from the site.
In order to obtain the e-mail address of such reviewing user,
a listing user shall email
ezColumbia, Inc. and
provide (1) the title of the listing, (2) the content of the
review, (3) the name of the reviewing, if disclosed, and (4)
the date of the review.
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Upon receipt of such request,
ezColumbia, Inc. shall review the request and, if
deemed appropriate, email back to the listing user the e-mail
address of the reviewing user. The listing user shall then be
entitled to contact the reviewing user, via e-mail, to obtain
more information about the reviewing user’s comments and/or
complaints, and to learn the actual identity of the reviewing
user.
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If the listing user and the
reviewing user are able to resolve the matter, resulting in an
agreement that the content may be removed or revised, the
listing user shall e-mail
ezColumbia, Inc. and
explain the resolution. Such e-mail shall also contain the
identity and e-mail address of the reviewing user. Upon
receipt and confirmation of the resolution, if the resolution
was that the review would be removed,
ezColumbia,
Inc. shall remove the applicable review from the site. If the
resolution was that the review will be revised, the reviewing
user shall then be entitled to post the revised review.
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If the listing user and the
reviewing user are unable to resolve the matter, the review
shall remain on the site (so long as the review does not
violate the provisions of the section entitled “LIMITATIONS ON
POSTING OF CONTENT”). In such a situation, the listing user
shall be entitled to post a response to the review. Any
responses posted shall be subject to all terms of this policy
and the site’s terms of use.
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If the reviewing user refuses to
provide the listing user with his or her identity, the listing
user shall e-mail
ezColumbia, Inc. and explain the
attempts to obtain such information and arrive at a
resolution. The listing user may also request that
ezColumbia, Inc. remove the review from the website. Upon
receipt and confirmation of such a request,
ezColumbia, Inc. shall remove the applicable review from
the site.
DEALINGS WITH THIRD PARTY BUSINESSES,
RESTAURANTS, RETAILERS, SERVICE PROVIDERS, ETC.
Your
interactions with third party businesses, restaurants, retailers, service
providers, etc. found on or through this site, including payment and
delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between you and such third party businesses, retailers, service
providers, etc. You agree that ezColumbia, Inc. shall not
be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings. If there is a dispute between
participants on this site, or between users and any third party, you
understand and agree that ezColumbia, Inc. is under no
obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release ezColumbia, Inc., its officers, employees, agents and successors in
rights from claims, demands and damages (actual and consequential) of
every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to
such disputes and / or this site.
APPLICABLE LAW AND JURISDICTION
This web site (excluding links to and
content of third-party sites) is controlled by
ezColumbia,
Inc., and operated by
ezColumbia, Inc. from
its offices in and around Howard County, Maryland. By posting
information, accessing and/or using the
ezColumbia, Inc.
web site, you and
ezColumbia, Inc. explicitly agree that
all disputes, claims or other matters arising from or relating to your
use of this site will be governed by the laws of the State of
Maryland, without regard to its conflicts of law principles. You agree
that all claims you may have against
ezColumbia, Inc.,
Inc. arising from or relating to the operation or use of this web site
will be heard and resolved in a court of competent subject matter
jurisdiction located in Howard County, Maryland, and you consent to
the personal jurisdiction of such courts over you.
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