IMPORTANT: THIS IS AN AGREEMENT BETWEEN YOU (“ Subscriber”)

AND E. Z. VISIONS, INC. (“Company”)

Thank you for purchasing a subscription (“Subscription”) to EZ ESTIMATING services (“Application”). This Subscriber Agreement (“Agreement”) governs your use of the Application. By checking the “I Agree” checkbox, accessing, or using the Application or any part thereof, you will be entering into, and will be bound by the terms of, this Agreement. Please understand that this Agreement is a binding legal agreement between you (either an individual or legal entity) and E. Z. VISIONS, INC. (“Company”) dba EZ ESTIMATING services application. If you do not agree to all of the terms in this Agreement, you should not check the “I Agree” checkbox and you should not access, or use the Application or any part thereof.

1. SUBSCRIPTIONS.
1. Term. The Application is available only through the purchase of a Subscription. Your Subscription shall commence immediately upon E. Z. VISION, INC.’s acceptance of your order to purchase that Subscription, which may precede the date on which you begin using the Application. The initial term of your Subscription (“Initial Term”) shall be as agreed upon by you and E.Z. VISIONS, INC. during Registration, but in no event less than one (1) month in length.
2. Automatic Renewal. By subscribing to the monthly EZ ESTIMATING service, you authorize E. Z. VISIONS, INC. to bill your credit card or bank account (whichever applies) for your subscription fee (actual amount may vary, depending on subscription package chosen) on a monthly basis. Your Subscription will renew automatically on a month-to-month basis (“Renewal Term”). If you choose to terminate your Subscription, you must provide E. Z. VISIONS, INC. with notice of termination at least ten (10) days prior your Renewal Term. Any such notice must be provided to E. Z. VISIONS, INC. by logging on to www.ezestimating.com or by speaking with an E. Z. VISIONS, INC. customer service representative (or such other number as specified by E. Z. VISIONS, INC. from time to time). If you provide E. Z. VISIONS, INC. with the appropriate termination notice prior to the end of your monthly Renewal Term, your Subscription shall continue only until the end of that Term, and you shall be liable only for those fees, taxes, and other charges incurred in connection with your Subscription (collectively, “Subscription Fees”) that accrue prior to such date.
3. Billing Information. For purposes of billing, identification, and future communications, you must provide E. Z. VISIONS, INC. with all information requested by E. Z. VISIONS, INC. at the time you submit your Subscription order. Without limitation, you must provide your full legal name, address, telephone number(s), email address, and applicable payment data (e.g., a credit card number and expiration date). Further, you most promptly provide E. Z. VISIONS, INC. with all updates necessary to keep such information accurate, current, and complete. Subscriber represents and warrants that Subscriber is authorized to use said credit card or bank account. Subscriber represents and warrants that Subscriber will comply with all applicable bank and credit card rules. See Privacy Statement for disclosures relating to E. Z. VISIONS, INC.’s collection and use of your personal information.
4. Subscription Fees. You agree to pay all Subscription Fees. Subscription Fees shall be as specified by E. Z. VISIONS, INC. from time to time in its sole discretion. E. Z. VISIONS, INC. may establish or change Subscription Fees for Renewal Terms by posting such fees on the websites located at www.ezestimating.com (or on a sub-page that website), by posting a conspicuous notice in the Application, by emailing you, or by otherwise notifying you either orally or in writing in advance of the applicable Renewal Term. All Subscription Fees will be billed to the credit card that you designate during Registration (or such other credit card as you may designate from time to time). All monthly Subscription Fees will be billed automatically to your credit card at the start of each such period during the Initial Term. For Renewal Terms, the monthly Subscription Fees will be billed to your credit card each month on the date that corresponds with the anniversary date of your Subscription. All Subscription Fees shall become nonrefundable until the service is properly terminated. At E. Z. VISION, INC.’s discretion, past due Subscription Fees are subject to interest at the rate of 1.5% per month, or the maximum permitted by law, whichever is less. You shall be responsible for all expenses (including, without limitation, reasonable attorneys’ fees) incurred by E. Z. VISIONS, INC. in connection with the collection of any past due Subscription Fees. YOU, NOT E. Z. VISIONS, INC., ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If you have a dispute, you must handle it with your credit card company.
5. Trial Offers and Special Offers . E. Z. VISIONS, INC. reserves the right to discontinue or modify special promotional offers, if any, at our discretion. We encourage the use of our service through our 30-day Introductory Offer. During the introductory offer period, you'll have unlimited access to the service or membership of your choice. At the end of the introductory offer period, your introductory offer will automatically convert to a subscription and E. Z. Visions will begin to bill your credit card for the memberhsip package unless you cancel prior to the end of the introductory offer period. Cancellation requests must be made through email at support@ezestimating.com.
2. USER NAMES AND PASSWORDS. You will be required to use your first and last name and choose a password for the Application. You are solely responsible for maintaining the confidentiality of your password, and for all activities that occur under your name and password. You must notify E. Z. VISIONS, INC. immediately if you become aware of any unauthorized use of your name or password, or if you become aware of any other breach of security regarding the Application. E. Z. VISIONS, INC. will not be liable for any loss or damage that you may incur as a result of someone else using your name or password, either with or without your knowledge.
3. INTERNET ACCESS; SYSTEM REQUIREMENTS. Use of the Application requires access to the Internet. Additionally, use of the Application may require particular equipment, software, and/or telecommunications services, and E. Z. VISIONS, INC. may change those requirements from time to time in its sole discretion and without prior notice. You are solely responsible for obtaining, configuring, maintaining, and paying for all equipment, software, and telecommunications services necessary for you to access the Internet and use the Application.
4. APPLICATION LICENSE.
1. License Grant. During the term of this Agreement, and subject to all other terms and conditions herein, E. Z. VISIONS, INC. hereby grants you a personal, limited, revocable, nonexclusive, non-sublicensable, nontransferable license to do the following, but only for internal purposes and only in a manner consistent with all applicable end user documentation: (i) download, install, and use on your personal computer(s) any and all software components of the Application that E. Z. VISIONS, INC. makes available to you for downloading over the Internet, (ii) install and use on your personal computer(s) any and all software components of the Application that E.Z. VISIONS, INC. provides to you on physical media, and (iii) access and use all components of the Application that E. Z. VISIONS, INC. makes available to you directly through the Internet.
2. Limitations. Except as expressly permitted above in this Section 4, you may not use or reproduce the Application. To the maximum extent permitted by applicable law, you may not: (i) sell, sublicense, rent, lend, lease, timeshare, commercialize, or transfer the Application, or otherwise make the Application available, to any third party; (ii) use the Application for the benefit of any third party; (iii) modify, translate, or create derivative works of the Application; (iv) reverse assemble, reverse compile, or reverse engineer the Application; (v) alter or modify any disabling mechanism that may be resident in the Application; (vi) remove, alter, or obscure any copyright notice or other proprietary notice or legend that is on or in the Application; or (vii) access or use the Application for fraudulent purposes, in violation of any applicable laws, or in violation of this Agreement (as it may be modified from time to time). If the Application was purchased in the United States, you agree to comply with all applicable United States laws and regulations pertaining to export controls. If the Application was purchased outside the United States, you may not re-export the Application except as permitted by the laws of the United States and the laws of the jurisdiction in which you purchased the Application.
3. Suppliers and Supplier Material. “Supplier,” as used in this Agreement, means any vendor, supplier, service provider, licensor, contractor or other third party (whether or not an affiliate of E. Z. VISIONS, INC.) who in whole or in part provides any data, content, technology, materials or services (i.e., through a contractual arrangement with E. Z. VISIONS, INC.) that is/are accessed, processed or otherwise used through or by way of the Application, comprises a component of the Application or assists in making the Application available. You acknowledge and agree: (i) that your access to, processing of or other use of any third-party data, content, technology, materials or services by way of the Application is subject to (and you hereby agree to comply with) such rules, conditions, agreements, policies, guidelines and requirements as the Supplier thereof issues or requires (“Supplier Rules”); (ii) that Supplier Rules may be changed by the Supplier and that you will comply with any such changed Supplier rules; (iii) that if E. Z. VISIONS, INC. is informed by a Supplier that you are not a subscriber to its data, content, technology, materials or services who is in good standing, or are otherwise restricted by the Supplier from accessing, processing or otherwise using same, then E. Z. VISIONS, INC. may immediately suspend and/or terminate this Agreement and/or your access to and/or use of the Application; (iv) that you will not disclose or make available to any third party any data, content, technology, materials or services of a Supplier if the Supplier requires its consent for such disclosure or availability and such consent has not been given and is not in effect; (v) that E. Z. VISIONS, INC. is not an agent for any supplier, and cannot bind the Supplier contractually, waive rights of the Supplier or otherwise act on behalf of the Supplier; (vi) that this Agreement does not create any liability or obligation of any nature whatsoever on the part of any Supplier, and no Supplier makes or provides by way of this Agreement any warranty, representation or other commitment to you of any nature whatsoever; (vii) that the sole risk of any access to, processing of or other use of any data, content, technology, materials or services of any Supplier rests with you (and not with the Supplier or E. Z. VISIONS, INC.); (viii) that your sole recourse regarding the Application (including, without limitation, access to or use of it), this Agreement, or any data, content, technology, materials or services provided by E. Z. VISIONS, INC. or by any Supplier shall be against E. Z. VISIONS, INC. only (and not against any Supplier) unless expressly agreed to or waived by E. Z. VISIONS, INC. (or the Supplier) in a signed writing; (ix) that each Supplier is a third party beneficiary of this Agreement to the extent necessary or useful to the Supplier to enforce or avail itself of the rights or protections hereunder that expressly are set forth herein for the benefit of the Supplier(s), or to enforce its rights with respect to, and/or your obligations hereunder in respect of, the Supplier’s data, content, technology, materials or services; (x) that you agree to indemnify, defend, and hold harmless each Supplier and its parent company, subsidiaries, and affiliates, and its and their respective officers, directors, shareholders, agents, affiliates, licensors, successors, and assigns from and against any and all allegations, demands, claims, actions, lawsuits, liabilities, losses, damages, fines, penalties, judgments, settlements, awards, costs, and other expenses of any kind (including, without limitation, reasonable attorneys’ fees and litigation costs) arising out of, resulting from, or in connection with this Agreement, your breach of this paragraph or your use or misuse of the Application or any data, content, technology, materials or services of such Supplier; and (xi) that you acknowledge that some of the terms of this paragraph address matters already provided for elsewhere in this Agreement and that, to that extent, it is understood that this paragraph is included for purposes of greater certainty as to those matters and that it is further agreed that no substantive provision of this Agreement will affect the applicability or interpretation of any provision of this paragraph and that the provisions of this paragraph will control in the event of any inconsistency with the other provisions of this Agreement.
5. OWNERSHIP. The Application is being licensed to you, not sold. Except for the limited license granted in Section 4 above, E. Z. VISIONS, INC. and its licensors own and retain all right, title, and interest in and to the Application, all copies of the Application, all data, compilations, and information underlying or relating to the Application (other than any Content, as defined below), and all intellectual, industrial, and proprietary rights in or relating to any of the foregoing (including, without limitation, all copyrights, patents, trademarks, and trade secrets).
6. USER CONTENT.
1. Representations. You are solely responsible for any and all data, diagrams, pictures, text, information, and other materials that you input, store, or transmit using the Application (collectively, your “Content”). You hereby represent and warrant to E. Z. VISIONS, INC. that your Content will not: (i) infringe upon or otherwise violate any intellectual or industrial property rights (including, without limitation, copyrights, patent rights, trademark rights, and trade secret rights), or any other rights (such as the rights of privacy and publicity), of any third party; (ii) contain any software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any equipment, software, or telecommunications services; (iii) contain any unlawful, harassing, harmful, threatening, profane, defamatory, or obscene materials; or (iv) violate any applicable laws.
2. Storage. You may store your Content on E. Z. VISIONS, INC.’s servers for use with the Application. However, you acknowledge and agree that E. Z. VISIONS, INC. has no responsibility or liability for any deletion, destruction, corruption, or other loss of such Content. E. Z. VISIONS, INC. may, from time to time, set limits on the amount of disk space allotted to you for the storage of your Content on E. Z. VISIONS, INC.’s servers. Further, E. Z. VISIONS, INC. may charge storage fees for exceeding those limits. You will be notified of any such limits and storage fees (or any changes thereto) through email, through a notice posted in a conspicuous place in the Application, through a notice posted on the websites located at www.ezestimating.com (or on a sub-page of that website), or through some other form of notice provided either orally or in writing.
7. TECHNICAL SUPPORT. E. Z. VISIONS, INC. will, to the extent commercially reasonable, attempt to assist you with accessing and using the Application (“Technical Support”). Your E. Z. VISIONS, INC. Sales Representative will provide you with Technical Support via telephone, facsimile, and/or email. Your Sales Representative’s response times may vary depending upon the nature of the support requested and the quantity of other support requests. E. Z. VISIONS, INC. may modify its Technical Support policies and procedures (including, without limitation, availability dates and times and communication methods) from time to time in its sole discretion and without notice. For further information regarding Technical Support, please visit www.ezestimating.com.
8. MAINTENANCE. E. Z. VISIONS, INC. will use commercially reasonable efforts to promptly repair faults in the Application that materially degrade its functionality or performance, or that cause it to be inaccessible to subscribers. E. Z. VISIONS, INC. may also perform other maintenance on the Application from time to time in its sole discretion. You shall not be entitled to any abatement in Subscription Fees for any Application faults or downtime.
9. MODIFICATIONS TO APPLICATION. E. Z. VISIONS, INC. may upgrade, enhance, change, suspend, discontinue, or otherwise modify any aspects or components of the Application (“Application Modifications”) at any time in its sole discretion and without notice. Any Application Modifications made available to you will be subject to the terms of this Agreement. You shall not be entitled to any abatement in Subscription Fees for any Application Modifications.
10. SUSPENSION; TERMINATION. If E. Z. VISIONS, INC. believes, in its sole discretion, that you have violated any term or condition in this Agreement, E. Z. VISIONS, INC. may suspend your access to and use of the Application until such time as E. Z. VISIONS, INC. believes, in its sole discretion, that you have cured such violation or that such violation did not occur. Any such suspension shall not entitle you to any abatement in Subscription Fees. If you breach or otherwise fail to comply with any of the terms or conditions in this Agreement, E. Z. VISIONS, INC. may terminate your Subscription immediately and without notice, and you shall not be entitled to a refund of any pre-paid Subscription Fees. E. Z. VISIONS, INC. may also terminate your Subscription for any reason or no reason whatsoever upon thirty (30) days prior notice via email or otherwise in writing, in which event you shall receive a prorated refund of any prepaid, periodic Subscription Fees (such proration to be calculated using the date on which the Agreement terminated). If you choose to terminate your Subscription, you must provide E. Z. VISIONS, INC. with notice of termination at least ten (10) days prior to the end of your monthly Term. Any such notice must be provided to E. Z. VISIONS, INC. by logging on to www.ezestimating.com or by speaking with an E. Z. VISIONS, INC. customer service representative (or such other number as specified by E. Z. VISIONS, INC. from time to time). If you provide E. Z. VISIONS, INC. with the appropriate termination notice prior to the end of your monthly Term, your Subscription shall continue only until the end of that Term, and you shall be liable only for those fees, taxes, and other charges incurred in connection with your Subscription (collectively, “Subscription Fees”) that accrue prior to such date. You acknowledge that from time to time there may be certain specialized versions of the Application to which You may have been or may be given access, delivery and/or rights of use, and that such specialized versions may include, without limitation, co-branding by E. Z. VISIONS, INC. and another party or organization due to a business relationship between them (collectively, “Special-Issue” or “Co-Branded Products”). You agree that E. Z. VISIONS, INC. shall have the right, in its sole discretion, without notice to you and without limiting any other right or action herein reserved to E. Z. VISIONS, INC., to (i) discontinue, cease support of and terminate your access to and use of any such Special-Issue or Co-Branded Product(s), and (ii) transition you (provided you are then in good standing and not in breach of this Agreement) to a then-available product offered by E. Z. VISIONS, INC. as an alternative to such Special-Issue or Co-Branded Product. Upon any expiration or termination of your Subscription, (i) this Agreement shall automatically and immediately terminate, (ii) you will no longer be allowed to access and use the Application , (iii) you must remove all copies of the Application, or any components thereof, from your personal computer(s) and destroy any and all related media and documentation, (iv) you shall remain liable for all Subscription Fees that have accrued but remain unpaid as of the date of such expiration or termination, and (v) Sections 5, 10, 11, 12, 13, 14, 15, 16 and 17 of this Agreement shall survive and shall remain in full force and effect in perpetuity. Ninety (90) days following any expiration or termination of your Subscription, E. Z. VISIONS, INC. may delete any or all of your Content that is stored on any E. Z. VISIONS, INC. servers. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION MAY HAVE A MECHANISM WHEREBY E. Z. VISIONS, INC. CAN LIMIT OR DISABLE YOUR ACCESS TO THE APPLICATION. YOU AGREE THAT E. Z. VISIONS, INC. MAY USE SUCH MECHANISM UPON ANY EXPIRATION OR TERMINATION OF YOUR SUBSCRIPTION, OR IF E. Z. VISIONS, INC. SUSPENDS YOUR ACCESS TO OR USE OF THE APPLICATION AS PERMITTED IN THIS SECTION 10.
11. NO REPRESENTATIONS OR WARRANTIES. THE APPLICATION IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, E. Z. VISIONS, INC. AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE APPLICATION, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: E. Z. VISIONS, INC. DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR RELATED DOCUMENTATION WILL BE CORRECTED. E. Z. VISIONS, INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SPEED, OPERATION, OR RELIABILITY OF THE APPLICATION, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ACCESSIBLE VIA THE APPLICATION, OR THE AVAILABILITY, QUALITY, OR SAFETY OF ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE APPLICATION. FURTHER, E. Z. VISIONS, INC. DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, OR THE CONTENT AVAILABLE THROUGH THE APPLICATION, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN TO YOU OR YOUR AGENT BY E. Z. VISIONS, INC. OR ANY OTHER PARTY WITH RESPECT TO THE APPLICATION OR ANYTHING RELATED THERETO SHALL CREATE A REPRESENTATION OR WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OF E. Z. VISION, INC.’S OBLIGATIONS HEREUNDER. E. Z. VISIONS, INC. ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS, OR APPROVALS WITH REGARD TO ANY OPINIONS, ADVICE, STATEMENTS, PRODUCTS, SERVICES, OFFERS, OR OTHER INFORMATION OR MATERIALS EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR IN CONNECTION WITH THE APPLICATION.
12. LIMITATIONS ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL E. Z. VISIONS, INC. OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR OTHER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA, AND/OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE APPLICATION, EVEN IF E. Z. VISIONS, INC. OR ANY SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, E. Z. VISIONS, INC.’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE SUBSCRIPTION FEES PAID BY YOU DURING THE IMMEDIATELY PRECEDING THREE (3) MONTH PERIOD. YOU AGREE THAT YOU WILL HAVE SOLE AND COMPLETE RESPONSIBILITY FOR ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU IN RELIANCE UPON THE APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS NOT INTENDED TO SUPPLY TAX, INVESTMENT, OR LEGAL ADVICE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT.
13. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless E. Z. VISIONS, INC. and its parent company, subsidiaries, and affiliates, and its and their respective officers, directors, shareholders, agents, affiliates, licensors, successors, and assigns from and against any and all allegations, demands, claims, actions, lawsuits, liabilities, losses, damages, fines, penalties, judgments, settlements, awards, costs, and other expenses of any kind (including, without limitation, reasonable attorneys’ fees and litigation costs) arising out of, resulting from, or in connection with your breach of this Agreement or your use or misuse of the Application.
14. LINKS TO OTHER SITES . This web site may contain links to third party web sites.  These links are provided solely as a convenience to you.  We make no representations whatsoever about any other web site which you may access through this one. When you access another web site through this one, please understand that it is independent from this web site, and that we have no control over the content on that web site.  In addition, a link to another web site does not mean that we endorse or accept any responsibility for the content, or the use, of such web site.  It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access linked third-party web sites, you do so at your own risk.
15. DEMONSTRATION DATA. Subscriber acknowledges that the 30-day free trial subscription and the full subscription include sample data, proposal phrases and other pre-populated categories which are for demonstration purposes only.
16. MISCELLANEOUS. This web site is based in Sacramento, California. This Agreement constitutes the entire understanding and agreement between E. Z. VISIONS, INC. and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. This Agreement is governed by and construed in accordance with the laws of the State of California, U.S.A, as applied to agreements entered into and wholly performed within California between California residents. Any action or proceeding arising from or relating to this Agreement that is brought by either party hereto shall be brought only in a state or federal court of competent jurisdiction located in the County of Sacramento, State of California, U.S.A., and the parties hereby submit to the personal jurisdiction of such courts for purposes of any such action or proceeding. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement shall remain valid and enforceable according to its terms. Any failure by E. Z. VISIONS, INC. to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. E. Z. VISIONS, INC. shall not be responsible for any delays, errors, failures to perform, interruptions, or disruptions in the Application caused by any acts of God, strikes, lockouts, riots, acts of war, changes in law or regulations, fire, flood, earthquake, storm, power failure, or failures of the Internet. Any notices from E. Z. VISIONS, INC. under this Agreement that are sent by email, or that are posted in the Application or on their website at www.ezestimating.com (or on a sub-page thereof), shall be deemed given when sent or posted, as applicable.
17. MODIFICATIONS TO AGREEMENT. E. Z. VISIONS, INC. may modify this Agreement from time to time in its sole discretion. E. Z. VISIONS, INC. will notify you of any such modifications by email, by posting a conspicuous notice in the Application, or otherwise in writing (“Agreement Modification Notice”). You must contact E. Z. VISIONS, INC. immediately following your receipt of an Agreement Modification Notice if you do not agree to such modifications. By continuing to use the Application or any aspect or component thereof after E. Z. VISIONS, INC. sends or posts (as applicable) an Agreement Modification Notice, you are agreeing to such modifications.