EZRELOMD.com Terms of Use
Last Updated: Jan 20, 2021
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use the EZRELOMD.com Site and/or the EZRELOMD.com Services (as defined below).
Please read these Terms carefully before using the Site or the Services. By using the Site or accepting the Terms and Conditions, if this option is presented to you by way of a click or check box, you hereby represent, warrant, understand, and agree to abide by these terms even if you use this site as a guest and do not sign up or join.
For purposes of these Terms, and except to the extent expressly excluded below, the “Site” or “EZRELOMD” or “EZrelomd.com” shall mean www.EZRELOMD.com and any other websites, web pages, mobile applications and mobile websites operated by Hana Consulting Partners, LLC or parent companies (“EzreloMD.com” or “we”) in the United States, and the “Services” shall mean any of the various services that EzreloMD.com or Hana Consulting Partners, LLC or parent companies provides through the Site or any other channels, including without limitation, over chat applications or via phone.
1.1 About Our Services
EZRELOMD.com offers various Services to help its users find, coordinate, and utilize quality relocation services. The Services we offer include, among others:
We anticipate that our services continue will to grow and change. Please refer to our Site for further information about the Services we provide.
1.2 Limitations of our Services
We offer Services to help Relocation Seekers find and utilize relocations services offered by Relocation providers. However, except where specifically provided in these Terms, in any applicable Additional Terms, or on the Site itself:
Please read our Release of Liability section below for important limitations on EZRELOMD.com’s liability that you are agreeing to by using the Site and Services.
1.3. User Responsibilities
Registered Users either Relocation seeker or Relocation providers are solely responsible for interviewing, running background checks and otherwise verifying the information provided by any entity they do business with.
By registering to use and/or actually using the Site or the Services, you represent and warrant that you have the right, legal authority and legal capacity to enter into these Terms. You also commit to abide by all of the terms and conditions in this document and referenced by it. In addition, you also represent and warrant that you comply with the eligibility criteria listed below:
1You intend to use the Site and Services solely for the purpose of finding, providing or and utilizing relocation services.
The rules in this section relate to “Content”, defined as any pictures, communications, images, sounds, videos, and all the material, documents, data, and information that you upload or transmit through the Site or in support of the site’s Services, whether to EZRELOMD.com or to directly to other Registered Users or Site Visitors, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”):
Much of EZRELOMD Seeker and EZRELOMD Provider Content is user generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by EZRELOMD Providers or EZRELOMD Seekers on or off the Site, including any content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users, both relocation seekers and relocation providers hereby represent, understand and agree to hold EZRELOMD.com harmless for any misstatements misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue.
Opinions, advice, statements, offers, or other information or content that is on the Site or accessed through the Site, but not directly by created by EZRELOMD.com, are those of their respective creators/authors. As such these creators/authors are the only ones responsible for such content. EZRELOMD.com does not: (a) endure the accuracy, completeness, or usefulness or truth of any information on the Site or available through the Service, or (b) adopt, endorse, approve or accept responsibility for the reliability or validity of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will EZRELOMD.com or its Affiliates be responsible for any loss or damage resulting from: (a) your trust in information or other content that has been posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews, complaints, comments or even slander made about you or anyone else on the Site by other users.
Although reviews are not currently part of the site it is a feature planned for the near future. You agree that EZRELOMD.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may request the review to be removed, but we are under no obligation to do so or provide any other remedy to you. You can not de-register and re-register in order to prevent a review from being associated with your account. The author of a review can always can request removal of a review they have written.
If you are a EZRELOMD Relocation Seeker, you may use your account only to find relocation services for yourself. If you are a EZRELOMD Provider, you may use your account to provide relocation services to relocation seekers assigned to you by EZRELOMD. You must keep your password private as you are the only responsible for the activity on and use of your account, and you may not transfer, otherwise assign or allow your account to any other person or entity.
By using the Site or Services of EZRELOMD.com, you agree that you will never under any circumstances do any of the following:
In order to protect the site or our users from prohibited activity, we reserve the right to take any action we deem necessary if we in our sole discretion feel that you have violated the any terms in this section or in the this document including but not limited to immediately terminating your use of the Site and it’s Services. In addition, By using the Site and/or Services, you agree that in addition to other actions we may assess, and you will be obligated to pay, $5,000 per each day that you maintain EZRELOMD Provider or EZRELOMD Seeker information or other site information that you collected in violation of these terms. Further in order to protect our site and access to it’s services, EZRELOMD.com reserves the right to block access to the site from any IP addresses, that we feel in our sole digression could cause the site or our servers harm.
By registering for and using the Site or Services as a EZRELOMD Seeker or EZRELOMD Provider, you hereby acknowledge and agree that EZRELOMD.com may but does not have, to use a third-party consumer reporting agency at any time with your personal information to run periodic background screenings (Screenings) on you for the purpose of protecting the safety and integrity of our Site and its users.
These Screeningss may also regulated by FCRA or other government entities. The reports generated by the background check may be considered “consumer reports” under FCRA.
By registering with EZRELOMD.com, you understand and agree that if we request the screening we will review the information provided and if it contains information we, in our sole discretion, feel violates these terms. If EZRELOMD.com terminates your membership or access to the Site on the basis of information in a screening, we will tell you why and give you the name and contact information of the company who supplied your screening to us. We will also email you a copy of the report if we have a valid email on file. By signing these terms you hereby represent, understand and expressly agree that EZRELOMD.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the content reported in these screenings. In addition, any inaccuracies in the report must be addressed with the company that generated the report (and not EZRELOMD.com) within the time period specified in your notice. Although we do not like taking action based on incorrect information, you agree that EZRELOMD.com is under no obligation to reinstate any accounts it may have terminated even if the information is corrected at a later date.
If you do not agree that EZRELOMD.com can run and use these background checks (screenings) per this section, do not use our site.
By registering as a EZRELOMD Provider or EZRELOMD Seeker, you authorize EZRELOMD.com to, whenever or if ever they deem necessary to use third party companies to verify your registration date for accuracy.
You agree that EZRELOMD.com may any action in response to Verification Checks as it deems necessary in its sole discretion, including, but not limited to terminating of your use of the Site, should it determine that you have violated any representation or any other provision of these Terms or are otherwise unsuitable for using EZRELOMD.com.
You also hereby represent, concur and expressly agree that EZRELOMD.com does not have control over the company performing the check or the content of the report the verification company creates. In addition, although it is not our common practice to notify any third party about the information discovered in the verification check, we may, if we decide to, notify for law enforcement if we deem that an appropriate action.
IF YOU DO NOT AGREE THAT EZRELOMD CAN RUN VERIFICTION CHECKS AS IDENTIFIED IN THIS SECTION, YOU SHOULD NOT USE EZRELOMD.COM.
You agree to release, indemnify and hold harmless EZRELOMD.com from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
You expressly agree that EZRELOMD.com has no obligation to perform Background Checks or Verification Checks on any Registered Users either Relocation Seekers nor Relocation Providers. To the extent EZRELOMD.com performs such checks on certain Registered Users, the checks are by there nature not necessary complete and should not be taken as, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the EXRELOMD.Com or the relocation services of any relocation provider.
EZRELOMD.com reserves the right, in its sole discretion, to at any time terminate your access to all or part of the EZRELOMD.com Site and/or Services, to delete your profile and/or any content posted by or about you from the Site, and/or to terminate your account with EZRELOMD.com. We can do this with or without notice for any reason or no reason in its sole discretion, without limitation if EZRELOMD.com determines that you are not eligible to use the Services, have violated any terms in this document or additional terms referenced by this document, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content. If we terminate your registration or access to the site and our services, we do not have to notify you of the reason, if any, for your termination.
You understand and agree that, following any termination of any individual’s use of the Site or the Services, EZRELOMD.com has the right, but is not obligated, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has had correspondence with does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
EZRELOMD.com uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy that are referenced in his hyperlink, the terms of which are incorporated herein.
Links from EZRELOMD.COM to external sites (including external sites that are contained in/framed by EZRELOMD.com) or inclusion of advertisements and other third-party content on the Site, do not constitute an endorsement by EZRELOMD.com of such sites or anything about the content, mission or purpose of these external sites, these sites are linked to provide a revenue stream for EZRELOMD.COM or as a convenience to our users. Obviously, EZRELOMD.com does not control third-party sites or content, and is therefore not responsible for them. These external sites and their content are governed by their own terms of use and privacy policies, and not these Terms or EZRELOMD.com’s Privacy Policy.
EZRELOMD.com expressly disclaims any liability when users link to the or use and/or view external sites that are accessible from EZRELOMD.COM. All users hereby agree to hold EZRELOMD.com harmless from any liability that may result from the use of external site links that may appear on the Site.
In order to utilize some EZRELOMD.com services or product offerings as a Relocation Provider (real estate agent, or other relocation service provider) , you may be required to pay EZRELOMD.com this could either a one time or recurring subscription fee, as well as any state or local tax amounts due as additional charges on top of these fees.
If you sign up for as an EZRELOMD.com relocation provider and we are requiring a fee for that Service or product, you agree to pay EZRELOMD.com all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit make payment. You also authorize EZRELOMD.com, or a third-party payment processor that works on our behalf, to process the payment method according to the terms of your chosen subscription, Service, or product. EZRELOMD.com reserves the right to fix/correct/change any errors or mistakes that it makes even if you have already paid or we have requested that you do so.
To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize EZRELOMD.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if EZRELOMD.com or our selected payment processor can store your credit card on file as a result of prior purchases you have made, that we may charge that credit card for the additional Services or products or subscription you purchase.
ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNLESS YOU CANCEL THEM.
FOR PAID SUBSCRIPTIONS, THEY WILL RENEW AUTOMATICALLY AT THE END OF YOUR CHOSEN TERM PERIOD FOR A NEW PERIOD OF THE SAME LENGTH AND AT A COST AS DISCLOSED ON THE SITE WHEN YOU INITIALLY SUBCRIBED. IF YOU CHOOSE A SUBSCRIPTION THAT IS CHARGED MONTHLY BUT THE TERM IS IN EXCESS OF ONE MONTH, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION BEFORE THE END DATE, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION, MONTHLY UNTIL FOR THE REMAINDER OF THE PERIOD.
FOR OTHER SERVICES OR PRODUCTS THAT HAVE RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.
Subject to the terms herein, you can cancel subscriptions at anytime by way of contacting us at info@ezrelo.com with cancel in the subject line or by way of the site if/when this feature becomes available. If you are a relocation provider and cancel a paid subscription. We will not send you Relocation Seekers information after the date you cancel. Your paid subscription will not be renewed after the terms in your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
If your accept these terms or those described on the EZReloMD Site at the time you sign up for a subscription or when you make a purchase, all payments for subscriptions, on or through the Site Services are non-refundable. This non-refund policy is invoked, even if you cancel your membership or a subscription, service, or product before your term expires.
By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold EZRELOMD.com (and EZRELOMD.com’s, owners or Hana Consulting Partners, LLC or their employees, officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, harmless from any claim or controversy that may arise out of:
EZRELOMD.com, it owners and affiliates expressly disclaims any and all liability whatsoever for any damage, law suits, claims, controversies and/or other actions that have arisen or may arise, whether known or unknown, from the above.
EZRELOMD.com is intended for people 18 or over. In a addition, if you are a Relocation Seeker, you must be either in medical school or be employed in a medically related profession. The Site is intended for use only by residents of the United States, as It may not comply with legal requirements of foreign countries. Other countries may have laws and regulatory requirements that are different than those of the United Sates. By using EZreloMd or its services, in any way, including but not limited to exchange of information between Relocation Seekers and Relocation Providers, you agree that the transfer and processing of any personal information you provide to is governed by the Privacy Laws as set forth in the Privacy Notice under the laws of the United States and the State of Georgia, rather than under the law of your home country. You also agree that any other regulations involved in the use of the site will be the laws of the United States and the state of Georgia USA, except as defined in the Arbitration clause herein.
If we determine, at any time, that you do not the requirements of this sections your registration will be terminated, or not allowed to be submitted.
Any think you see or hear from or though the site including but not limited to any videos, graphics information and other materials contained on the Site, or links from the site are provided “as is,” “as available”, with no assurances of accuracy. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by EZRELOMD.com, including those of Relocation Seekers or Providers, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. EZRELOMD.COM DOES NOT: (a) WARRANT THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (b)TAKE OWNERSHIP, ENDORSE OR ACCEPT ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OR ADIQACY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN EZRELOMD.COM; (c) WARRANT THAT THE SITE, IT’S SERVICES OR THOSE OF THE RELOCATION PROVIDERS OR RELOCATON SEEKERS WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, CONTINOUSLY ACCESSIBLE, ERROR-FREE OR WILL MEET YOUR EXPECTATIONS, OR THAT ANY ISSUE OR PROBLEM IN THE SITE OR IT’S SERVICE WILL BE FIXED; OR (d) GIVE ANY WARRANTIES THAT THE SITE IS FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EZRELOMD.COM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY LAWS, STATUTES, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS INVOVLED IN THE INFORMATION AND MATERIALS CONTAINED OR OBTAINED THRU THE SITE.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, EZRELOMD.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A EZRELOMD RELOCATION PROVIDER OR TO EMPLOY THE SERVICES OF A RELOCATION PROVIDER.
THE INFORMATION/CONTENT OF THE SITE IS THE INTELLECTUAL PROPERTY OF THE HANA CONSULTING PARTNERS, EZRELOMD.COM OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL EZRELOMD.COM OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOU ALSO AGREE TO USE ANY OF THE INFORMATION PROVIDED BY THE SITE OR THE SITE’S USERS WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
While EZRELOMD.com has some procedures to help promote the safety of our Site and Services, when you find relocation services or provide services on internet or mobile platforms there is certain inherent risk. We do not train, supervision, or monitoring of EZRELOMD Seekers or EZRELOMD Providers, and thus cannot guarantee that all of your communications or contacts with other Registered Users, site visitors, or anyone else connected in any way to our site or services will always be 100% safe and respectful. Therefore, when you agree to these terms you are agreeing to take all risks, some of which are identified as, but are not limited to injury, illness, death, loss of income and all other risks associated with any online or offline or in person, interactions with users of the Site or the Services. You also agree do your own vetting of the people you interact with, to include, but not to be limited to verifying the users are who they say they are and have any appropriate licenses and that any credentials are valid not to rely solely on steps EZRELOMD.com may take to vet or screen EZRELOMD Relocation Providers or Relocation Seekers. You also agree to verify any of the content they other provide to you. You further agree to take all necessary precautions, including but not limited to reviewing the recommendations set forth in the FBI https://www.fbi.gov/news/stories/simple-steps-for-internet-safety and other governmental directives on how to safely use the internet and mobile applications.
Incidental Damages and Aggregate Liability. In no event will EZRELOMD.com or Hana Consulting Partners, LLC be liable for any indirect, special, incidental, or consequential damages, losses or expenses due to or relating to any use or inability to use the Site or its Services. This includes without limitation damages related to any content or information that is obtained from the Site or Services, content that is removed from the Site, including profile information, any email or other communication distributed to any user or any web site linked to, or use thereof or inability to use by corporation or person, or in connection with any the termination made to your subscription or ability to access the Site or Services, if the site fails due to speed, errors, omissions, interruptions, defect, delay in operation or transmission, attacks by a computer virus or network failures. Hana Consulting Partners llC and EZRELOMD.com, take no liability as described above even if it is determined that the issues listed above were caused by us or our affiliates or if we were advised of them and that they could cause damages, expenses or losses
UNDER NO CIRCUMSTANCES WILL EZRELOMD.COM’S or HANA CONSULTING PARTNERS,LLC OR OUR AFFILIATES AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THE USE OF THE SITE OR ITS SERVICES OR WITH THIS AGREEMENT OR, BE GREATER THAN THE PRICE PAID BY YOU FOR YOUR ACCOUNT. IF YOU HAVE NOT PAID EZRELOMD.COM FOR THE USE OF ANY SERVICES BUT FILE AN ACTION ANYHOW OUR THE LIMIT OF OUR LIABILITY WILL BE $20.
No Liability for non-EZRELOMD.com Actions. IN NO EVENT WILL EZRELOMD.COM ,LLC OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, DUE TO YOUR CONDICT OR THE CONDUCT OF OTHERS IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY,PHYSICAL OR EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S USE O F OR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE THIS HAPPENS ONLINE OR OFFLINE. THIS SHALL INCLUDE ANY CLAIMS, EXPENSES LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs and other sections of these terms, any and all advice that may be posted on the Site is not intended to substitute of for professional advice in any area including but not limited to medical, Financial, legal or any advice. EZRELOMD.com makes no representations or warranties and explicitly disclaims any and all liability regarding any treatment, action by, or effect on any person who was guided by or utilized the information offered or provided within or via the Site. Always seek advice from professionals and not our site if to guide your decisions on all matters, and not the information on our site.
By agreeing to these Terms, you and all users of the Site and Services agree to indemnify, defend and hold harmless EZRELOMD.com and its Affiliates from and against any and all claims, losses, expenses or demands of liability. This shall include our normal and customary attorneys’ fees and any othr costs incurred by EZRELOMD.com and its Affiliates in connection with any claim by a third party. This shall include any intellectual property claims arising out of (a) materials and content you provide to the site or to others you have relationships with that are connected to the site, (b) use of the Site or Services by you in when you are in violation of these Terms or you are violating any law, or (c) any relationship or agreement formed with a Relocation Seeker or Relocation Provider using the Site or Services. You and other users also agree that they will provide cooperation with us in the defense of any claims. Even if EZRELOMD.com and its Affiliates are subject to indemnification by users, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter, and users are not permitted, in any situation, to settle any claim or matter without our written consent. In addition, you agree to hold harmless EZRELOMD.com and its Affiliates from any claim arising from a third party’s use of our site and the information it contains no matter how that information was added or linked to the site.
It is EZRELOMD.com’s policy to react when we are notified of alleged copyright infringement under Digital Millennium Copyright Act (“DMCA”). If you think any information, images or materials accessible on or from our Site infringe your copyright, you should and are encouraged to request that they be removed or access to these materials be curtailed. You can do this by sending an email to the person responsible at EZRELOMD.com. This is done by sending the following information via email to `info@EZRELOMD.Com with the subject “Copyright infringement” you can also send a written letter to EZRelo MD Copyright 76 Howell st NE Atlanta , GA 30312.
EZRELOMD.com’s agent for copyright issues relating to this Site is as follows:
In an effort to protect the rights of copyright owners, we will terminate access to the site for users of the site who repeatedly post content that infringes.
In this section we are defining what is referred to in these Terms as the “Arbitration Agreement”. Unless you decide to opt-out in by following the steps in the opt-out procedures referenced in section Section ?? below, you agree that all claims due to, relating to or arising out of these Terms or the breach of them, whether sounding in contract, tort, or otherwise that have, will or may arise between you and EZRELOMD.com or its affiliates, whether relating to these Terms (and any alleged breach thereof), the Services, the Site, or otherwise, shall not be resolved by a court, but rather be exclusively resolved using final and binding arbitration, as laid out in this section, except if your claims qualify you may assert them in small claims court. You agree that your rights will be determined by a neutral arbitrator, not a judge or jury. You also agree that the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND EZRELOMD.COM AGREE THAT EACH OF US IS ONLY ALLOWED TO FILE CLAIMS AGAINST THE OTHER INDIVIDUALY AND NOT AS A PLAINTIFF OR MEMBER OF A CLASS IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND EZRELOMD.COM EXPRESSLY AGREE IN WRITING TO THE CONTRARY, THE ARBITRATOR IS NOT PERMITTED TO COMBINE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST EZRELOMD.COM. THE ARBITRATOR IS ALSO NOT ALLOWED TO PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR’s AWARD / RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) CAN ONLY BE IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NEEDED TO PROVIDE RELIEF CONNECTED TO THAT PARTY’S INDIVIDUAL CLAIM(S). ANY INDIVIDUAL ARBITRATION RELIEF AWARDED CANNOT AFFECT WITH FINANCIAL OR BENEFIT OTHER EZRELOMD.COM USERS. If any court determines that the waiver you are agreeing to in this section is void or cannot be ENFORCED for any reason or that you are allowed arbitration on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed that arbitration shall govern disputes.
It is to all parties best interest that disputes are not escalated and are resolved quickly and amicably. Therefoe before you begin the arbitration, we would appreciate that you email us your complaint to info@ezrelomd.com with “complaint” in the subject line. This way we may be able to resolve and never need consume the expense and time of binding arbitration.
13.4 Arbitration Procedures
If a Claim cannot resolve informally, any claim made by you or EZRELOMD will be resolved, as mentioned previously, only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS. JAMS, founded in 1979 claims to be the worlds largest private alternative dispute resolution service. The JAMS rules that are in effect at the time the arbitration is initiated (collectively referred to as the “JAMS Rules”), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures will be the ones that apply to an dispute between you and EZRELOMD. For information on JAMS, please visit its website, https://www.jamsadr.com/. You can find the rules and fees for consumer disputes on the same site on this page https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the rules of JAMS and what is set forth by this Arbitration Agreement, the terms of this Arbitration Agreement will control, except if the arbitrator determines that the application of these Arbitration Agreement terms would not result giving both parties a fair arbitration. The arbitrator must also adhere to the provisions of these Terms as if they were a judge in a court of law, especially , including without limitation, the limitation of liability provisions in Section ??. Arbitration proceedings are usually faster and simpler than court trials and other judicial proceedings and the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions made by the arbitrator are enforceable in court. It is possible to that these are decisions can be overturned by a court, but only for very limited reasons.
To start an arbitration against EZRELOMD.COM, preferably after we had a chance to resolve your complaint informally, you must write a demand for arbitration. It must include a description of the complaint/ dispute and the amount of damages you seek to recovered. The format of the Demand for Arbitration can be found at www.jamsadr.com. You need to follow the procedure identified on their site, on where and how to send the Demand for arbitration, this is currently found here https://www.jamsadr.com/adr-forms/. In addition to sending it to JAMS per their site instructions, send one copy to EZRELOMD.com C/O HANA CONSULTING PARTNERS LLC., Attn: Legal Department, 68 Howell St Ne, Atlanta, GA 30312 and another via email info@EXRELOMD.Com with the Subject Line “Arbitration” and with the JAMS Demand For Arbitration form attached as a PDF. For more information, see the JAMS arbitration rules, procedures and forms here https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or you can be represented by an attorney. You can also have a non-attorney represent you as this is not a court of law. After we are in possession of your arbitration claim, we reserve the right to file any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the monetary value of the relief you or EZRELOMD.COM seek is $20,000 or less you or EZRELOMD.com may elect to you virtual arbitration (remote internet meeting or phone) or for that matter have the arbitration be based based solely on written submissions, any virtual election made by you or EZRELOMD.COM shall be binding on the other party, subject to the arbitrator’s decision to require re an in-person hearing, if they feel that circumstances are more serious. At any at any in-person hearing you or EZRELOMD.COM may decide to attend virtually by a means mentioned above unless the arbitrator does not allow it.
The arbitrator, who is an impartial party, and not any federal, state or local court or agency, is the only party with the authority to resolve claims. This includes any claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes due to the or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that some part of these Terms or the terms in their entirety are void or voidable, to include whether a claim is subject to arbitration. The arbitrator shall be empowered to grant the relief to either party that would be available in a court under law or in equity. The JAMS rules also provide that arbitrator’s award shall be written, and binding on the parties. The information about the amount awarded and other decisions made by the arbitrator and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Georgiae, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different EZRELOMD.com users, but is bound by rulings in prior arbitrations involving the same EZRELOMD.com user to the extent required by applicable law.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, EZRELOMD.com will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, EZRELOMD.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse EZRELOMD.com for all fees associated with the arbitration paid by EZRELOMD.com on your behalf that you otherwise would be obligated to pay under the JAMS rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new EZRELOMD.com users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. If you are already a current EZRELOMD.com user and previously accepted the EZRELOMD.com Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than January 17, 2017. You must mail the Opt-Out Notice to EZRELOMD.com, Inc., Attn: Legal Department, 1501 S. MoPac Expwy., 3rd Floor, Austin, TX 78746. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the EZRELOMD.com account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, EZRELOMD.com will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. EZRELOMD.com users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, EZRELOMD.com will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against EZRELOMD.com prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against EZRELOMD.com prior to the effective date of removal.
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement.
Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and EZRELOMD.com must be resolved exclusively by a state or federal court located in the State of Delaware.
You and EZRELOMD.com agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
By using the Site or Services of EZRELOMD.com, you agree to allow EZRELOMD.com to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from EZRELOMD.com via the EZRELOMD.com Site, mobile application, online messaging platform, or e-mail. You also agree to check your EZRELOMD.com account, alerts, and messages, and the e-mail account reflected on your EZRELOMD.com on a reasonably regular basis to stay apprised of important notices and information about your account.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
If a court decides that any term or provision of these Terms other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 are invalid or unenforceable, then the entirety of Section 13 shall be null and void. The remainder of the Terms will continue to apply.
If you have any questions or need further information as to the Site or Services provided by EZRELOMD.com, or need to notify EZRELOMD.com as to any matters relating to the Site or Services please contact EZRELOMD.com at:
Legal Department
EZRELOMD.com, Inc.
501 S. MoPac Expwy., 3rd Floor
Austin, TX 78746