Welcome and thank you for your interest in EZ Pump, LLC (hereafter “EZ Pump,” “Company,” “We,” “Us” or “Our”). We look forward to providing you with an exceptional experience.
These Terms and Conditions are a binding agreement between Us and apply to any person (“You,” “Your” or “User”) who registers as a user on our website/Site and/or installs our Application, including by way of example only and not limitation:
● “User” includes both concrete pumping companies, as well as contractors, homeowners, or any other party using the EZ Pump two-sided marketplace through its application or site,
● Your proper and authorized use of our Application and/or Site,
● Your use of any of Our Services,
● Your interaction with Us through social media or other third-party websites, and
● Your User Content provided to Us or Our Affiliates, including by way of example only, Your feedback, comments, photos, social media posts referencing Us, emails, communications, or reviews submitted.
THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (COLLECTIVELY “TERMS”) ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND EZ PUMP AND ITS REPRESENTATIVES, AFFILIATES, OFFICERS AND DIRECTORS GOVORNING YOUR USE OF EZ PUMP. PLEASE READ THE FOLLOWING CAREFULLY. BY USING OR INSTALLING OUR APPLICATION, ACCESSING OUR SITE, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY OUR TERMS.
1. Changes to Terms.
We reserve the right to change our Terms and/or our other policies and agreements at any time at our discretion. The most current version of our Terms is available on the Application and shall replace all previous versions. Any revision will have a new “Updated on” date at the beginning of these Terms. If you disagree with our Terms, your only recourse is to discontinue Your access, registration, use, or purchase of our Services. Where appropriate, you will be notified of changes to these Terms by e-mail or when you next access our Application. The new Terms may be displayed on your computer screen or device, and you may be required to read and accept the updated Terms.
User Content may be uploaded or provided to Us by Visitors or Customers. We are not responsible for any User Content displayed on our Application and/or Site or elsewhere, whatsoever.
The Application and/or Site is displayed (or performed) by Us for Visitors and Customers. You may not download or scrape content from our Application and/or Site without Our prior written permission. Failure to abide by this restriction may violate U.S. Copyright or other applicable Laws.
2. The Services.
Our Services enable consumers, such as contractors, to find, request and/or receive third-party services from concrete pumping companies across the nation. The Application allows Users to both apply for concrete pumping
jobs and allows Users to post concrete pumping jobs. EZ Pump is a third-party neutral facilitator, and the User acknowledges and agrees We are not directly involved in the transactions between Users and will not be involved in or a party to any agreement or arrangement between Users regarding any Job or transaction.
At Our sole discretion, We may cease to offer, support, repair, maintain, or update our Application and/or Site. Any such termination of Our Services shall not be considered a breach of this or any other agreement we may have with you.
3. Duties and Responsibilities of Users
EZ PUMP TAKES NO RESPONSIBILITY FOR THE CONDITION OF THE JOBSITE AT WHICH SERVICES ARE TO BE PROVIDED. EZ PUMP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS AND/OR THOSE RECEIVING GOODS OR SERVICES RESULTING FROM USE OF THE APPLICATION AND/OR SITE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU THE USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Users are encouraged to adhere to the following guidelines (We maintain the right, in our sole discretion, to cancel a User’s Registration on the Application at any time and for any reason, including the failure to comply with the following guidelines):
User eligibility:
Users must be at least 18 years or older.
Users must represent and acknowledge that they are at least 18 years old or older.
Users are encouraged to maintain all necessary insurance and any necessary licenses required by law, and adhere to all applicable industry standards and regulations in order to register for and use EZ Pump. Each User is individually responsible for ensuring compliance with the terms of this paragraph. EZ Pump specifically disclaims liability for Users who fail to comply with the terms of this paragraph.
In addition to adhering to User eligibility requirements, Users are encouraged to utilize the following suggested actions in addition to and not to the exclusion of any and all applicable health and safety requirement that are or may be applicable according to any law, regulation, and/or industry standard:
A User who has posted a job and retained a concrete pumping company are encouraged to adhere to the following: Are encouraged to provide a pumpable concrete mix with rock not exceeding 3/4" rock.
Are encouraged to provide some form of wash out system for use by concrete pumps.
Are encouraged to be as accurate as possible with measurements to prevent concrete pumps from having to cancel jobs on their schedules, and User must include in their measurements a minimum of one additional yard.
Are encouraged to post the exact time of their requested concrete pour.
Are encouraged to have tolerance with the concrete pump company regarding time of performance. Are encouraged to cover walls where concrete pumps will clean their machinery.
Are encouraged to be charged prior to performance of any work if the order has been altered due to conditions on the job site.
Are encouraged to maintain proper spacing according to the size of and clearance requirement for the concrete pump truck ordered (boom pumps will be allowed a spacing of 10-15minutes, small line pumps will be allowed a spacing of 20-30 minutes spacing and shotcrete pumps 30 minutes and up to 1-hour spacing).
Are encouraged to be as specific as they are able with respect to the requirement of their posted job(s), so that pump company properly plan for your posted job.
A User who has accepted a job including concrete pumping companies are encouraged to utilize the following suggested actions in order to maintain their Registration on the Application:
Are encouraged to acknowledge that every person in the chain of a pumping job has a responsibility to help protect the hose operator and other nearby personnel from hose whipping accidents. Education is the key, followed closely by diligent watchfulness and proper personal protective equipment. Educational mate rials are available from the ACPA.
Are encouraged to check that its concrete pump will be ready according to weather conditions and job conditions.
Are encouraged to provide proper wash out equipment.
Are encouraged to provide equipment with no more than 45% wear on hose or pipe.
Are encouraged to schedule so that the pump will be at the job site at least 30 minutes prior to the pour.
Are encouraged to take steps necessary to keep concrete splashing to a minimum and within industry standards.
Are encouraged to maintain the work site in a cleanly manner.
CANCELLATION POLICY: Once User has posted their job and entered into an agreement with any other User, each party may cancel the job 24-hours prior to the time work is to begin without penalty. Should either User cancel a job within 24-hours and prior to 6-hours of the time work is to begin, the cancelling User will be charged 15% of the projected cost of the job. Should either User cancel a job less than 6-hours prior to the time work is to be completed, the cancelling User will be charged 50% of the projected cost of the job.
4. Accounts and Registration.
Access to the Application does not require an account or require you to provide Us with any Personal Data. The access and use of Our Application is subject to the following conditions and requirements:
User must pay the Registration Fee for the membership period in order to maintain an account in good standing.
User will need a valid email address and password to sign in to EZ Pump to use the app and access the Site. User agrees that EZ Pump shall be entitled to assume that any person using the Site with User’s password is User or its authorized representative.
In order to Register and open an “Account” with EZ Pump, you must (i) agree to these Terms and Conditions, (ii) provide a valid email address, and (iii) provide any other information required by EZ Pump during the registration process.
You must update this information to maintain its accuracy during the term of this Service. Information may be updated by contacting EZ Pump. You are responsible for maintaining the security of your account and password. EZ Pump is not liable for any loss or damage from any breach of Your personal security. You are also responsible for all content that you may post on the EZ Pump Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account).
One person or legal entity may not maintain more than one Account. Accounts registered by “bots” or other automated methods are not permitted and will be removed.
Registration may take up to 14 working days to be processed and approved.
Membership automatically allows one device (phone or iPad) to be linked to one EZ Pump account. Account information sharing greater than the allowed device number is prohibited and will result in disqualification of membership and loss of membership fees that have been paid. Additional devices may be linked to an account for a *fee & require detailed information regarding ownership & type of device to be added. EZ Pump reserves the right to allow or deny additional devices.
Subject to the satisfactory performance of User during the immediately preceding Registration period, User’s Registration shall be automatically renewed for an equivalent period, unless a request for cancellation of Registration is notified to EZ Pump in writing within 14 days prior to the expiration of the then current Registration period.
5. Limited Warranties.
Other than as specifically stated herein, We make no other warranties, express or implied. Please consult our Disclaimers for more information.
6. Limitations on Services.
We retain, for ourselves or third parties, all Intellectual Property related to our Services. Any unauthorized use of Our Intellectual Property may violate Copyright, Patent, Trademark or other applicable Laws.
Except as authorized by Us in writing, We do not grant to you any further rights to copy, reproduce, modify, prepare, or create Derivative Works of, sublicense, exploit, or distribute our Services.
For clarity, You agree, warrant, and represent that You will not, without Our prior written permission:
Copy, modify, improve, revise, or create Derivative Works to our Intellectual Property without Our prior written permission;
Reverse assemble, compile, disassemble, re-engineer, or reverse compile the whole or any part of Our Intellectual Property;
Remove any Intellectual Property ownership or management information or labeling from Our Services, including, without limitation, patent, trademark, copyright, hazardous materials warnings, and/or other restricted rights notices that we incorporate into our Services;
Use Our Services for any illegal purpose or in violation of applicable Laws;
Provide, post, upload, or distribute any User Content that violates a third party’s legal rights, is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
Interfere with Our Services or any third party’s use of our Services in any manner;
Use Our Site or other Services to attempt to collect Personal Data about third parties without their consent; Circumvent, remove, alter, deactivate, degrade, or thwart any of Our content protections;
Frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed on Services (which includes Our Site) without Our prior written permission;
Purchase search terms or use any metatags or any other "hidden text" utilizing Our names or trademarks without Our prior written permission;
Attempt to hide your identity; and/or
Use any robot, spider, automated technology, device, or manual process to monitor or copy Our Site or use any of the same to interfere, or attempt to interfere, with Our operations.
You may not attempt to develop your business through use of any part of Our Intellectual Property or property except as otherwise permitted by Us in these Terms or other agreement(s). You shall not, directly or indirectly, anywhere throughout the world, present, develop, manufacture, produce, market, sell, or provide any product or service that uses any concepts, formats, know-how, methodology, and/or other Intellectual Property owned by Us or that is specifically derived from or attributable to Our property.
Nothing in these Terms shall be construed as conferring by implication, estoppel, or otherwise, any license or right to You to Our Intellectual Property except as specifically granted herein.
7. User Content.
For clarification, User Content includes, without limitation, photographic stills, text, audio, video, and audio video media uploaded or provided to Us which relates to or refers to Us in any manner. It may be commentary, feedback, photographs of Services, or a testimonial. It may include images, names, or audio of Persons. You are solely responsible for any User Content and hold Us harmless, and indemnify Us, for any liability, including attorneys’ fees and costs, arising from such User Content, including Our use of such content, whatsoever. By way of example only and not by way of limitation, if you post a video of a Person, make sure you have that Person’s consent to post and have others re-post that video bearing the person’s image or likeness.
Any views or opinions expressed in any User Content and displayed on Our Site (with Your permission) or elsewhere do not necessarily state or reflect Our views or opinions.
Your sole and exclusive remedy for your or any third Person’s loss, damage, or injury that is caused by User Content will be for Us to identify the User Content and its owner, if known. We have no obligation to review, inspect, maintain, backup, or otherwise retain User Content.
8. Limited License to Us: User Content.
By providing Us with any User Content or posting such content on any social media pages related to us, You hereby grant Us a royalty-free, non-terminable, world-wide license to view, copy, report on, commingle, and otherwise access, repost, and use for commercial purposes your User Content (a) to provide Service requested by you, and (b) to re-post such User Content in whole or in part on Our Site or any social media pages for any purpose(s), and (c) for any commercial, analytical, or statistical purposes, alone or in combination with other content, whatsoever, and in any form and format. This license shall continue unless terminated by notice to Us from You, whereupon we shall delete or anonymize your User Content on Our Site or in our possession or control and on any social media within ninety (90) days of your notice of termination. We shall not be required to remove, alter, or collect User Content published or distributed and not under Our control prior to your notice of termination (e.g., posted on third-party social media sites).
Except as permitted herein, We will not aggregate, monetize, or otherwise use your Personal Data that may be included in any User Content for commercial, analytical, or statistical purposes in any manner that would allow third parties to associate such Personal Data with you. Further, We will not sell your Personal Data that may be included in such User Content to third parties. For more information, please consult our Privacy Policy.
9. Release: User Content.
You hereby release, discharge, and agree to save Us, as well as Our Affiliates and Business Partners, harmless from any liability whatsoever for any Claims, including third-party Claims and attorneys’ fees and costs, by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in Our use of your User Content, as well as any publication thereof, including, without limitation, any Claims for libel, false light, or invasion of privacy.
10. Payment.
You are responsible for payment of any costs or expenses incurred as a result of using (and/or downloading) the website and/or application, including any operator network and roaming charges. Please check with your service provider for details.
You agree that EZ Pump shall charge User and User shall be liable to pay:(a) Registration Fee on activation or renewal (b) Any other fees applicable to any new services that EZ Pump offers or may offer and that User accepts during the User’s Registration.
Payments to EZ Pump may be made by cash or credit card. If User pays by credit card, User agrees that EZ Pump may automatically charge any fees (including renewal fees) to such card.
User acknowledges and agrees that payments due under this Agreement shall not be deemed to have been received until all amounts payable are received as clear funds in EZ Pump’s bank account.
EZ Pump may, at its sole discretion, terminate or suspend Registration and access to the System without notice if any payment due from User remains unpaid after the due date.
EZ Pump reserves the right to increase fees or to institute new fees, upon reasonable notice provided to User and/or posted on the Site.
A valid credit card is required for paying accounts.
All payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
For all accounts, EZ Pump may charge an account re-activation fee should an account need to be re-activated after an account has become de-activated due to non-payment or for other breaches of the Terms and Conditions.
Users may make and receive payments to and from other users through the Application and/or Site.
For all transactions conducted through the Application and/or Site, EZ Pump charges a 15% fee on the total amount.
For transaction involving cash payments, the User accepting the job through the Application and/or site will pay 15% of the cost of the job to EZ Pump prior to the job and then receive any cash payment on the job site. F
11. Eligibility.
User acknowledges and agrees that the system is available only to persons aged 18 years old and over. User represents and warrants that he/she is 18 years or over.
User represents and warrants that he/she/they has/have all the necessary licenses and insurances required by law and acknowledges and agrees to adhere to all standards required by law to perform/complete any job that they have committed to. EZ Pump does not check the status of any User’s licenses or insurance and will not be held liable should any User fail to maintain the proper licenses or insurance.
12. Linked Accounts.
The website and/or application may enable you to link or connect you to use functionalities of third-party sites, apps or services that are not owned or controlled by us, and such are subject to the terms and conditions of the relevant third party provider. We have no control over, and are not responsible or liable for, any matters relating over any third-party content, syndicated content, applications, services, sites, apps, advertisements, links, privacy policies and/or practices of any such third-parties that may be accessible via the our website and/or application, and the display of such does not constitute our endorsement of either any advertiser and/or third party provider, or any of their site and/or app content or business practices. Access to such is at your sole risk and it is your responsibility to check the privacy policies and terms of service and usage of all third party sites and/or apps that you visit/download prior to using and/or downloading any such sites and/or apps.
We shall accept no liability in regards to any dealings, promotions or activities between yourself and advertisers or third party providers.
13. Your Representations and Warranties.
You affirm, represent, and warrant that:
You are the age of majority in your jurisdiction or are not under eighteen (18) if you reside in the U.S. and are competent to agree to these Terms;
Your purchase and use of Our Services is, and will be, in compliance with any and all applicable Laws; If you are purchasing Our Services on behalf of a company or organization, you represent and warrant that you
have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization as well as others acting on behalf of all that organization;
You are the creator and owner of, and/or have the necessary licenses, rights, consents, and permissions to use and sublicense User Content;
To the best of your knowledge, all User Content is true and accurate and transmission thereof to Us does not violate these Terms or any applicable Laws;
User Content does not, and User use shall not: infringe, violate, or misappropriate any third-party right, including any Intellectual Property or other proprietary right, or slander, defame, harass, or libel any third party;
You have signed releases permitting you to use, and to sublicense, rights to use all images and likenesses from individuals appearing in all User Content related in any manner to Our Services or business, provided to Us or Our Affiliates, or posted on social media; and
You will comply with all Terms herein.
In addition to all other warranties and indemnifications in these Terms, you hereby indemnify and hold Us harmless from all Claims and liability, including attorneys’ fees and costs, related to your breach of the representations and warranties in this Section 13, including subsections.
14. Assignment of Improvements.
In the event you think of or create any Derivative Works, modifications, improvements, or revisions based upon or derived from Our Services (collective “Derivative Works”), you agree: (a) to promptly notify Us of any such Derivative Works, providing all appropriate information for Us to develop and utilize such Derivative Works by contacting Frankdomingo@ezpump.app, and (b) without the necessity of further agreement, to assign to Us all rights, title, and interest in any such Derivative Works. You agree to promptly execute all documents, prepared at Our expense, that are reasonably necessary to reflect this assignment without any further consideration.
15. Refusal to Provide Services.
You understand and agree that We have the right to refuse Services to You or any other individual for any reason in Our sole discretion except as otherwise disallowed by applicable Laws. We also have the right to remove or delete any User Content you provide to Us (directly or through our social media or through any link to our social media (e.g., using “@” or “#” with our Marks) without notice to you. Such refusal shall not be a breach of these Terms or any other agreement with you and shall not subject Us to any liability for Claims, including attorneys’ fees and costs, without limitation, even if you suffer damages.
16. Patent, Copyright, and Trademarks
Some portions of our Services or business, including Information on our Application and/or Site, may be patented or copyrighted and owned solely by Us or are used by Us under license from a third party. Your unauthorized use of such patented or copyrighted portions of Our Services or business, in whole or in part, may violate applicable Laws. You may not use Our patented or copyrighted materials, excluding your User Content, without Our written permission. By way of example, and not limitation, you may not scrape any content from our Site and reuse or publish it in any manner.
17. Trademarks
EZ Pump, LLC is in the process of applying for the following trademark(s) and trade name(s) (“Marks”), whether registered in the U.S., elsewhere in the world, or utilized at common law:
EZ Pump ™
If you have questions about our patents, copyrights, or trademarks, please contact Frankdomingo@ezpump.app.
18. Intellectual Property Violations
In the event you believe your Intellectual Property rights have been violated, please contact Us and provide us with all of the following information:
Your, or your authorized agent’s, physical or electronic signature as the Intellectual Property owner; Identification of the Intellectual Property claimed to have been infringed or, if multiple materials are infringed, identification of a representative list of such works, including a link to the original work and any registration certificates if available;
Identification and location of the infringing material within our Site, our social media, or other specific locations within our possession and control;
Your contact information, including name, physical and email addresses and telephone number(s); A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by you, as the Intellectual Property owner, your agent, or the Law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the Intellectual Property owner (if filed by an agent).
Note, we require all the above information. If you send us incomplete information, we will not be able to process your request. We will return your request, indicating what information is missing.
19. Relief for Breach.
We reserve all rights and remedies at law and equity in the event you breach any of these Terms or violate Our rights in any manner. You agree that We may proceed with such injunctive or other equitable relief without the necessity of posting a bond as may be available to prevent your breach and, in addition, may pursue an action to recover damages. You agree that if you have cloned, copied or are using a clone or copy of Our Services or business (including, without limitation, our Site), in whole or in part, or have intentionally or recklessly utilized Our Services or business for yourself or a third-party in violation of any Laws, for any reason, you shall be liable for all Our damages or injuries, any profits you have earned through such use (without duplication), and you may be subject to an injunction to prevent further breach of these Terms. We may also stop you from using Our Services, without reimbursement for Payments made to us, for any breach of these Terms.
20. Business Partners.
We may have agreements with other Persons (“Business Partners”), which Business Partners may change without notice. We do not grant you any rights to further use Our Business Partners’ names or trademarks without their prior written permission. For information regarding Personal Data that may be shared with Our Business Partners, please consult our Privacy Policy.
21. Links/Third-Party Products/Services.
Any reference or link to another company, website, product, or service does not constitute or imply any ownership, sponsorship, endorsement arrangement, or any other relationship with Us. We make no representation regarding these third parties and have no control over how third parties use information, their use of “Cookies,” or the safety of content on their websites. Please consult Our Privacy Policy and the information regarding Linked Sites in that policy. Should you be directed to a third-party website, We disclaim any and all liability whatsoever (as more specifically detailed by our Disclaimers below). Should you have any questions regarding these third parties, or the information shared, please contact Frankdomingo@ezpump.app.
22. Electronic Communications.
For Site visitors or Services customers located outside of the EU/EEA, by accessing Our Site and/or downloading, licensing, accessing, or using Our Services or contacting Us for further information, you consent to receiving Our electronic communications.
For visitors located within the EU/EEA, we will not contact you except as detailed in our Privacy Policy.
If you receive a communication from Us, you will be provided with an opportunity to “opt out” or “unsubscribe” from all future communications. The link to unsubscribe in any email we send will remain effective for sixty (60) days from the date sent.
You agree that any notice, agreements, disclosure, or other communications that We send to you electronically shall satisfy all legal communication requirements, including that such communications be in writing. Should you wish to opt out of e-mail communications, except for legal notices, please let Us know by contacting Frankdomingo@ezpump.app. We will remove your e-mail from Our database for such e-mails within a reasonable time. Notwithstanding, Our reasonable delay in complying with your opt-out request shall not be considered a breach of these Terms.
23. Indemnity.
YOU AGREE TO INDEMNIFY AND HOLD EZ PUMP AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, DEMANDS, LOSSES, LIABILITIES, COSTS, DAMAGES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES OR SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE SERVICES; (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS; (III) EZ PUMP 'S USE OF YOUR USER CONTENT; OR (IV) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING THIRD PARTY PROVIDERS.
24. Disclaimers and Limitations on Liability.
Disclaimers.
THE SERVICES, AS DEFINED ABOVE, WILL BE ON AN “AS IS” AND “AS AVAILABLE.” EZ PUMP DOES NOT MAKE ANY WARRANTY OR PROMISE REGARDING THE AVAILABILITY, QUALITY, OR SUITABILITY OF THE SERVICES. OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EZ PUMP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. THESE
INCLUDE: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EZ PUMP TAKES NO RESPONSIBILITY FOR THE CONDITION OF THE JOBSITE AT WHICH SERVICES ARE TO BE PROVIDED. EZ PUMPT DOES NOT GUARANTEE THE SAFETY OF ANY JOBSITE. EZ PUMP MAKES NO GUARANTEE AS TO THE SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER ALL APPLICABLE LAWS, ANY AND ALL RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, THE USER.
WITH RESPECT TO USER CONTENT, EZ PUMP DOES NOT ENDORSE, CONTROL, OR ACCEPT RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. IN ADDITION, EZ PUMP DOES NOT REPRESENT OR MAKE ANY PROMISE THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
PLEASE BE AWARE THAT THIRD-PARTY PROVIDERS ARE NOT ACTUAL OR APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF EZ PUMP. EZ PUMP DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS. SHOULD A DISPUTE ARISES BETWEEN YOU AND ANY OTHER THIRD PARTY, YOU RELEASE EZ PUMP FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
EZ PUMP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability.
YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS PROVIDING SERVICES REQUESTED THROUGH THE APPLICATION MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU FURTHER ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT AGENTS OF OR EMPLOYED BY EZ PUMP. EZ PUMP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EZ PUMP 'S REASONABLE CONTROL.
EZ PUMP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES. THIS INCLUDES ANY INABILITY TO ACCESS OR USE THE SERVICES, AND/OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER.
EZ PUMP SHALL NOT BE LIABLE FOR PERSONAL INJURY, LOST PROFITS OR PROPERTY DAMAGE RELATED TO THE USE OF THE SERVIES, REGARDLESS OF THE NEGLIGENCE OF EZ PUMP, EVEN TO THE EXTENT EZ PUMP HAS BEEN PREVIOUSLY INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, EZ PUMP DOES NOT ACCEPT AND SHALL NOT BE HELD LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES
ARISING FROM USE OF THE SERVICES.
YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES MAY BE USED BY YOU TO REQUEST AND/OR PROVIDE CONCRETE PUMPING SERVICES WITH THIRD-PARTY PROVIDERS AND/OR CUSTOMERS. YOU AGREE THAT EZ PUMP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED OR NOT PROVIDED TO YOU OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EZ PUMP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON EZ PUMP’S CHOICE OF LAW PROVISION SET FORTH BELOW.
25. Choice of Law/Applicable Laws.
Unless otherwise agreed upon or specified herein, you agree that any legal problems or issues arising from the use of our Application, Services, User Content, or these Terms are subject to the Laws of the State of Colorado, unless U.S. Federal laws apply, without giving effect to any principles of conflict of laws. Jurisdiction shall only be appropriate in the Colorado state courts in the county in which EZ Pump has its principal place of business or the U.S. District Court of Colorado closest to Our principal place of business. Further, you and Us expressly and irrevocably consent to the personal and subject matter jurisdiction and venue in these courts for any Claim made relating to these Terms and/or our Services. You also agree that, unless against the applicable Law in the Jurisdiction, you shall only assert Claims against Us in an individual (non-class, non-representative) basis, and that you shall not seek or agree to serve as a named representative in a class action or seek relief on behalf of anyone other than yourself.
We currently offer Our Services from our office in Colorado, USA. We make no representation that our Services are appropriate or available for use in your jurisdiction and use of Our Services in territories where its content is illegal is prohibited. If you choose to purchase, and/or use Our Services outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws.
26. Notices.
Any notice, request, demand, or other communication required under these Terms must be in writing and will be deemed sufficiently given upon delivery if mailed by U.S. mail, postage pre-paid, or if delivered by hand. All such notices will become effective on the date of receipt.
Any notice to Us should be provided to:
Telephone: U.S. Tel: (970)559-9955
Questions or comments regarding these Terms may be sent to: Frankdomingo@ezpump.app
27. Definitions.
“Affiliate” means, for so long as one of the following relationships are maintained, a business entity owned by, controlled by, or under common ownership or control with another Person to the extent of more than fifty percent (50%) of the equity or such lesser percentage that is the maximum allowed to be owned by a foreign corporation in a particular jurisdiction) is held by such other Person, having the power to vote on or direct the affairs of another Person, or any Person controlled by, controlling, or under common control with another Person.
“Business Partners” are Persons with whom We enter into agreements to assist with offering our Services, processing payments, analyzing traffic, and communicating with you.
“Claim” means any disagreement whatsoever, including, without limitation, any controversy, dispute, demand, cause of action, litigation, or other legal or equitable proceeding whatsoever. Any indemnity provided herein for Claims includes an indemnity for the indemnified party’s reasonable attorneys’ fees and costs and any amounts
paid in settlement to a third party.
“Customer” means the Person purchasing and receiving Services from Us or Our authorized Affiliates.
“Improvement” means any alteration, modification, change, or product or service derived from a pre-existing work, product, or service.
“Information” means any of our materials on our Site or included in our Services, whether text, audio, visual, or audio-visual.
“Intellectual Property” has the meaning most commonly and broadly understood and includes, by way of example and not limitation, (a) all designs, specifications, processes, techniques, technology, drawings, strategies, methodologies, presentations, prototypes, computer programs, models, marketing plans, and inventions, any of which may or may not be represented by patent applications, patents, trademarks, copyrights, moral rights, and trade dress, whether or not registered or registrable, and including all rights to related applications, registrations, continuations, and renewals; (b) confidential and/or proprietary information, Trade Secrets, ideas, concepts, and know-how; and (c) publicity rights and privacy rights, all of the above (a), (b) and (c) in any form or format.
“Jurisdiction” for any Claims related to these Terms or the subject matter herein means the Colorado, U.S.A., County in which We have Our principal place of business.
“Law” means all applicable federal, state, and local statutes, rules, regulations, ordinances, and related case law.
“Linked Account” means an account that you may have with a third-party website or social networking service from which account you are able to link to Our Services, including our Site.
“Person” means a human individual and/or a business entity as is applicable.
“Personal Data” is defined differently depending on where you reside. If you reside in the United States, to the extent appropriate under applicable Laws, Colorado Law controls in these Terms. In the event you are located in the European Union/European Economic Area (“EU/EEA”), Personal Data will be defined by the applicable Laws where you reside, however, these Laws shall not over-ride the subject-matter and personal Jurisdiction of Colorado as defined herein.
“Services” means any and all services now offered, or that may be offered, by Us including any and all products We now offer, or that We may offer, which includes, by way of example only, third-party concrete pump companies with parties desirous of such services.
“Site” or “Website” means https://www.nameofsite.com and all pages associated with this or other of Our domain names, and any other Internet websites owned by Us or Our Affiliates’ Internet websites, excluding User Content.
“Tax” means any charge, levy, impost, duty (including without limitation goods and services tax, value added tax, sales tax, withholding tax, stamp duty or transaction duty), fee, deduction, and any interest, fine, or penalty charge that is assessed, levied, imposed, or collected by any government body.
“Trade Secret” has the broadest meaning provided by U.S. Federal law as amended from time to time. “Transfer” means any sale, assignment, encumbrance, hypothecation, pledge, conveyance in trust, gift, transfer
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by request, devise or descent, or other disposition of any kind, including, without limitation, transfers to receivers, levying creditors, trustees, or receivers in bankruptcy proceedings, or general assignees for the benefit of creditors, whether voluntary or by operation of law, directly or indirectly.
“User Content” means any information or material provided by you to Us directly or through third parties (such as social media) in any form or format and through any media or medium and may include feedback, surveys, comments, endorsements, photographs, and multi-media content. Such User Content may include Personal Data. Plural and singular terms shall have the same meaning except for the grammatical difference of being singular or plural.
General Terms.
Dispute Resolution. With the exception of any type of Claim wherein either you or We are entitled to seek the immediate remedy of a temporary restraining order, preliminary injunction, or such other form of injunctive or equitable relief as may be used by any court of competent jurisdiction to restrain or enjoin the Person breaching Our Agreement, or to specifically enforce the provisions of our Agreement, we both agree to resolve any Claims as detailed herein.
Principals from Us and you shall first attempt to resolve any dispute between ourselves through good faith informal negotiations. You must notify us of any potential claim in writing within a reasonable time of the events giving rise to the potential claim by a written Notice of Claim. If we (both you and Us) are unable to resolve the dispute within sixty (60) days of receipt of an initial Notice of Claim by one of us to the other, you and We may then agree to submit the dispute to mediation or, if both or either of us do not wish to mediate the Claim or cannot agree to mediation rules, either of us may file an action with a court within the Jurisdiction (in Colorado) for relief.
The terms of this Section entitled “Dispute Resolution”, including subparagraphs, shall survive after your purchase of any Service for three (3) years.
Reservation of Rights. All Intellectual Property contained within or related to Our Servicesremains our exclusive property. We reserve all rights not expressly granted to you. You shall own all Intellectual Property rights associated with any User Content provided.
Assignability. We may assign all or part of Our rights under these Terms in connection with a merger, acquisition, asset sale, operation of Law, or otherwise without notice to you. You may not assign any of your rights or obligations under these Terms whatsoever.
Entire Agreement. These Terms constitute the entire understanding and agreement between you and Us with respect to the subject matter covered herein and supersede all other prior agreements, understandings, or statements, written or oral, by or between us, if any, with respect to such subject matter. Notwithstanding, these Terms may be amended by Us in our sole and exclusive discretion on notice by posting the most recent version of these Terms on Our Site and notification to you if you have an account/registration with Us; and these Terms may be amended by an invoice or purchase order signed by Us if such agreement specifically references these Terms and the modifications We accept.
Claims. In the event you have knowledge of any Claim made by a third party against you, or referencing you, and relating in any manner to Our Services, you will promptly notify Us of such Claim. You will further assist Us with all reasonable assistance in the defense of such Claim. No settlement shall be agreed upon without Our involvement and approval.
Severability. If any provision of these Terms is held to be invalid, illegal, unenforceable, or in conflict with applicable Laws or public policy, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired and shall remain in full force and effect. A court of competent Jurisdiction (in
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Colorado) will endeavor to modify that clause in a manner that gives effect to the intent of these Terms.
Language. These Terms are to be construed in the English language. Any translated copy provided is for convenience only. The English language shall control in the event of any contradiction between the English language version and a translated version. Further, any Claim must be made and determined in the English language.
Force Majeure. We will not be liable for any damages to you or to third parties for any delay or default in performance if such delay or default is caused by conditions beyond Our control, including, but not limited to, acts of God, Government restrictions, regulations, Laws, or sequester, continuing domestic or international problems such as wars, threats of terrorism, or insurrections, strikes, fires, floods, work stoppages, pandemics, epidemics, public health closures, border closures or delays, raw material unavailability, or embargoes.
Construction. Any reference to “herein” shall refer to these Terms generally and not to a specific Section. Headings and fonts are for convenience only. Anything that cannot be done “directly” under these Terms may also not be accomplished, and shall be a breach of these Terms, if done “indirectly.” Any limitation on the use of Our Services or our Intellectual Property automatically includes a limitation on the use of such property “in whole or in part.” These Terms are not to be construed against the drafter. Any reference to “it” or “he” or “she” or “they” shall include the party so referenced, regardless of gender and whether a human individual or entity.
Waiver. Waiver of any provision of these Terms must be in writing to be effective. Waiver of any breach of any provision of these Terms will not constitute or operate as a waiver of breach of such provision on any other occasion nor a waiver of any breach of other provisions, nor will failure to enforce any provision operate as a waiver of such provision.
Contests. In the event we sponsor a contest, only Our customers will be qualified to enter that contest. In this event, complete contest rules will be available on Our Site. All Terms herein apply to any contest. These Terms shall control in the event of any conflict between contest terms and these Terms.
Other Laws. Nothing in this Agreement shall be construed to limit or negate any common or statutory law, including, without limitation, any such law of torts, fiduciary duties, or trade secrets, where such law provides a party with broader protection than that provided herein. Each of us hereby reserves all rights and remedies not specifically mentioned herein, whether in equity or law.
Survival. All Our Terms shall survive your purchase, license, lease, of or access to Our Services or any termination of your use of Our Services whatsoever.