EZ COLOR TRADING TERMS OF SERVICE AGREEMENT
THIS TERMS OF SERVICE AGREEMENT (“Agreement”) is made between EZ Color Trading (“System Provider”) and any person
(“User”) who installs the Software and/or completes the registration process to subscribe to EZ Color Trading (“Software/Service”).
BY COMPLETING THE PAYPAL PAYMENT PROCESS OR ACCESSING, USING OR INSTALLING ANY PART OF THE
SOFTWARE/SERVICE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS
AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE PROMPTLY CANCEL
THE PAYPAL TRANSACTION AND DO NOT USE OR INSTALL ANY PART OF THE SOFTWARE/SERVICE. THIS
AGREEMENT IS APPLICABLE FOR ALL LEASED VERSIONS OF THE SOFTWARE/SERVICE INCLUDING, BUT NOT LIMITED
TO BETA VERSIONS. THIS AGREEMENT MAY BE AMENDED FROM TIME TO TIME AT THE SOLE DISCRETION OF
SYSTEM PROVIDER. SYSTEM PROVIDER SHALL PROVIDE NOTICE TO USER OF AMENDEMENTS BY POSTING THE
UPDATED TERMS OF SERVICE ON SERVICE PROVIDER’S WEBSITE. USER SHALL HAVE THE OPPORTUNITY TO
REFUSE SAID AMENDEMENTS SOLELY BY REQUESTING TERMINATION OF ACCESS TO THE SOFTWARE/SERVICE.
Except as expressly provided otherwise in an agreement between User and System Provider, all products, services, information,
software and system performance offered or provided in this site are offered and/or provided “as is” without warranty of any kind,
either express or implied, including, but not limited to, the implied warranties of merchantability and fitness of a particular use or
purpose.
SYSTEM PROVIDER SHALL NOT BE LIABLE TO USER OR TO ANY OTHER ENTITY OR INDIVIDUAL FOR ANY LOSS OF
PROFITS, REVENUES, TRADES, DATA OR FOR ANY INDIRECT, SPECIAL PUNITIVE, CONSEQUENTIAL OR INCIDENTAL
LOSS OR DAMAGE OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF SYSTEM PROVIDER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS
NEGLIGENCE, SYSTEM PROVIDER AND ITS AFFILIATES SHALL HAVE NO LABILITY IN TORT, CONTRACT OR OTHERWISE
TO USER AND/OR ANY THIRD PARTY.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, SYSTEM PROVIDER and its suppliers disclaim
all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE/SERVICE.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall SYSTEM PROVIDER or its
suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages
for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of
or inability to use the SOFTWARE/SERVICE, even if SYSTEM PROVIDER has been advised of the possibility of such damages. In
any case, SYSTEM PROVIDER’s entire liability shall be limited to the amount actually paid by User for the SOFTWARE/SERVICE.
UPON COMPLETION OF THE SUBSCRIPTION PROCESS, USER HAS READ, UNDERSTANDS AND AGREES TO THE TERMS
& CONDITIONS OF THIS AGREEMENT.
EZ Color Trading Terms of Service Agreement
Page 1