This agreement is made between the user ("You") and EZminders.com ("EZminders.com") in relation to the Site.

Definitions

"an Event" shall mean any item created using the Site's normal operations for which Reminders can be requested.

"the Fee" shall mean an amount to be paid by You as consideration for use of the Service.

"the Site" shall mean the services available at website domain www.ezminders.com

"Email Reminders" shall mean email messages sent out periodically in accordance with the normal operation of the site.

"SMS Reminders" shall mean mobile phone SMS text messages sent out periodically in accordance with the normal operation of the Site.

"Recurring Reminders" shall mean the ability the site offers for events to be rescheduled to a future date based upon a set of criteria that can be seen on each reminder setup page.

"Reminders" shall mean Email Reminders or SMS Reminders.

The Service

The Site offers a free trial of its reminder service. Users can create Events and indicate on what days Reminders are to be sent in relation to that Event. Reminders will be sent out as the user instructs using the Site's graphical user interface. Reminders will be sent out either by email or by SMS text message to a mobile phone.

Certain features are available for a Fee. Should the user wish to cancel the service within 30 days of subscribing, a full refund of the subscription fee will be made.

CHANGES IN SERVICES.

We may at any time withdraw, modify or change the Service or procedures for using the Service. Your use of the Service after any such modification becomes effective will evidence your acceptance of the modification. If you do not accept any modification, you may terminate the Service

Compliance with Laws, Agreements, etc.
You agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement or any of the applicable user policies that EZminders.com may adopt from time to time. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through EZminders.com.

Liability

EZminders.com shall not be liable for any loss, whether direct, consequential or incidental.

Failure of the site to operate as intended shall include, but not be limited to a) Email Reminders not being sent b) Email Reminders being sent late c) SMS Reminders not being sent d) SMS Reminders not being received e) Failure of ezminders.com to operate correctly. f) Slow performance of the site Server. g) Loss of your data, whether caused by accident, negligence or a malicious third party. h) Theft of your data by a third party.

You agree that use of the Site is intended primarily as entertainment, and that You should not place reliance on its operation to the extent that failure of the site to operate as you believe it should would cause you loss whether that loss be financial, emotional, tangible, intangible or of any other nature not stated here or which You regard to be important.

You agree that if You suffer loss as a result of the failure of this site to operate as intended, You will not hold EZminders.com responsible for that loss, nor seek redress.

You understand that your data is not protected by secure measures such as encryption, and that it may be possible for a third party (e.g. a hacker) to obtain access to your data, and that you will therefore not use the Site to store data the theft of which would cause you loss.

You understand that the technologies that make websites, email and mobile phone SMS messages possible can go wrong, and on occasion will go wrong. You agree not to seek redress from EZminders.com for any loss you suffer as a result of such technologies going wrong, whether or not EZminders.com is directly or indirectly responsible for such failure.

This agreement shall be governed by and construed in all respects in accordance with the law in the Commonwealth of Massachusetts in the United States of America.

You irrevocably submit to the jurisdiction of the courts in the Commonwealth of Massachusets and waive any objection to proceedings in such courts on the grounds of venue, or on the grounds that the proceedings have been brought in an inconvenient forum.


CONTENT AND LIABILITY DISCLAIMER

While every effort has been made to ensure that the software programs running the EZminders.com website are free from bugs, this is by no means certain. EZminders, and EZminders.com can not take any responsibility for losses suffered as a result of a failure of the site to operate as expected

EZminders and EZminders.com will not be responsible for any errors or omissions contained at this Web Site, and reserves the right to make changes without notice.

Accordingly, all EZminders and third party information is provided "AS IS". EZminders DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION (INCLUDING ANY SOFTWARE) PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

In no event shall EZminders or EZminders.com be liable for any damages whatsoever, and in particular neither EZminders nor EZminders.com shall be liable for special, indirect, consequential, incidental damages, or punitive damages or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the EZminders.com Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, or whether the liklihood of such damages was known to us.

Neither will EZminders or EZminders.com accept responsibility for errors, acts or failures of others nor for any loss, liability or delay caused by fires, earthquakes, wars, civil disturbances, power surges or failures, acts of government, labor disputes, failures in communications networks, legal constraints or other events beyond our control. We will not be liable to you and you will not be liable to us for any special, consequential, indirect or punitive damages, whether or not (I) any claim for these damages is based on tort or contract or (II) we or you knew or should have known the likelihood of these damages in any situation. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE

This Agreement, and any other disclosures (including without limitation any modification to this Agreement) that we may provide to you from time to time make up the entire and only agreement between you and us concerning the subject matter of this Agreement. If any provision of this Agreement is held unenforceable, the remaining provisions of this Agreement will still be enforceable.