EZ ESTIMATER INC
Terms of Service
1. The services we provide
EZ ESTIMATER furnishes the service of providing you with an app to be able to price construction estimates
In a quick and accurate process. The app is provided at no cost to the user for the express use of estimating labor and material on construction projects.
Return to top
2. How our services are funded
Instead of paying to use EZ estimater and the other products and services we offer, by using the EZ estimater Products covered by these Terms, you agree that we can show you ads that businesses and organizations pay us to promote on and off the EZ estimater Company Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.
Protecting people’s privacy is central to how we’ve designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, people between the age of 18-35 who like cycling). We then show their ad to people who might be interested.
We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off EZ Estimater . For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.
We collect and use your personal data in order to provide the services described above to you. You can learn about how we collect and use your data in our Data Policy. You have controls over the types of ads and advertisers you see, and the types of information we use to determine which ads we show you.
Return to top
1. Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on EZ estimater next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you.. Ads like this can be seen only by people who have your permission to see the actions you’ve taken on EZ estimater. You can learn more about your ad settings and preferences.
2. Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on EZ estimater ), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Return to top
4. Additional provisions
1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the EZ estimater community, you can delete your account at any time.
2. Account suspension or termination
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5.
3. Limits on liability
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the EZ estimater Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the EZ estimater Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the EZ estimater Products (“claim”), you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.
1. These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and EZ Estimater Inc. regarding your use of our Products. They supersede any prior agreements.
2. Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
3. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
4. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
5. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
6. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
7. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
8. We reserve all rights not expressly granted to you