Your Purchase of EZBreakouts Products is your acknowledgement and agreement to ALL of the following TERMS:

All information and material provided on this website by Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including any and all directors & employees of same) is for educational and entertainment purposes only.  It is neither a direct or indirect recommendation, nor a solicitation to buy or sell securities of any type. You trade stocks completely at your own risk.  Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including all directors & employees) do not endorse, sponsor or recommend any company, security or fund. Day Trading, Swing Trading. Buying & Selling of equity securities involves high risk and YOU can LOSE a lot of money. Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including all directors & employees) are not responsible for gains or losses incurred as a result of your decision to trade stocks.  You expressly assume the risk of all your own investment decisions by accepting this agreement and purchasing your membership. You agree to release and hold Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including any and all directors & employees), completely harmless from any act and all losses that may occur for any reason or cause including negligence on the part of Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including any and all directors & employees) as a result of using this website or relying on any information contained herein.  Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including all directors & employees) shall under no circumstances be liable to any visitor, user, and/or any third party for any lost profits, lost opportunities, indirect, special, incident, consequential, punitive, or any other damages whatsoever. Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including all directors & employees) assume no responsibility or liability for any inaccuracies, misstatements, errors, fabrications, contained within documents, data, materials, web site pages, contained herewith and associated pages, either through error or negligence.  You agree that our company is not responsible in any way for the success or failure of your business, investment and/or trading decisions relating to any information, services or products presented by Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including all directors & employees).You acknowledge and understand that Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including all directors & employees) are not investment advisors (registered or otherwise), financial advisors or FINRA registered representatives, and are not registered with the SEC. You will not depend on Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including any and all directors & employees) to provide investment advice.  You bear responsibility for your own investment decisions, due diligence and research; And you acknowledge that you should seek the advice of a qualified securities professional before making any investment.

Membership is for a single subscriber’s viewing and is sent exclusively to a single e-mail address. You agree that you will not reproduce, share, or distribute any material or content found on this website. Should you decide to e-mail, post or share content or material elsewhere, your membership will be terminated and you will forfeit the remaining balance of your membership subscription, without any refund rights.

Lifetime Member Definition: A Lifetime EZBreakouts FULL Member is entitled to: The Top 10 Daily Stock Picks, EZ Swing Trading Alerts, all available EZBreakouts University Videos and Video Archive, The EZ Autotrader Software tools and any and all bonuses that were included at time of purchase, without having to make any additional payments for these products and services, for as long as the services are made available to the public.

A Lifetime EZBreakouts EZ Swing Trading Alert Member is entitled to: EZ Swing Trading Alerts,The EZ Autotrader Software tools (once released to public in November 2019) and any and all bonuses that were included at time of purchase, without having to make any additional payments for these products and services, for as long as the services are made available to the public.

EZBreakouts has been in business since 2010 and this is Eddie Z’s life’s work. A Lifetime Member is NOT entitled to any new products or services released by EZBreakouts after membership purchase date unless expressly promised by Eddie Z during the offer period.

Tulcan Enterprises LTD,  Russ Hazelcorn (aka Eddie Z), EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid reserve the absolute right to change, modify, alter, amend, cancel or replace  any or all of these terms and conditions and any or all services provided hereunder at any time and in any way. Any such changes will take effect immediately when posted on the website and it is your responsibility to read the terms and conditions. No refunds, replacements or other consideration will be provided for any changes, cancellations or modifications.

You understand and acknowledge that occasional technical problems or force majeure could arise, which may temporarily interrupt the service.  You agree that Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including any and all directors & employees) shall have no liability to you for any such interruptions and you hold them harmless for any such occurrences, regardless of cause or duration. You agree that Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including any and  all directors & employees of same) are not responsible or liable for any loss or damage caused by your inability to access the website. You accept that Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including any and  all directors & employees of same) are allowed up to 6 weeks of vacation time per year, during which time www.EZBreakouts.com may not be updated.

 

GUARANTEE TERMS AND REFUND POLICY:

For EZBreakouts Full Memberships purchased after 9/4/2019 Annual and Lifetime Memberships have 30 days from payment date to request a full refund. To be eligible for a refund, you must

1) Have actively taken our onboarding/coaching call with our VP of Education,

2) Received your Customized Trading Plan,

3) Document your progress through your Personalized Trading Plan including your practice trades,

4) Be within the 30 Day Money Back Guarantee period and

5) Call EZBreakouts at 800-387-5250 x1 to make formal request within the 30 days. Membership may not be assigned or transferred to any other person or entity.

Member must promptly inform Eddie Z and EZBreakouts.com by calling 800-387-5250 of the following: Changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Eddie Z and EZBreakouts are notified by calling 800-387-5250 of a breach in security, the Member will remain liable for any unauthorized use of the Service. Please allow 30 days for delivery of How to Make Money in Stocks paperback book and any other bonus books promised during the offer.

For EZBreakouts Full Memberships purchased before 9/4/2019 Annual and Lifetime Memberships have 14 days from payment date to request a full refund. To be eligible for a refund, you must 1) Have actively taken our onboarding/coaching call with our VP of Education, 2) Received your Customized Trading Plan, 3) Document your progress through your Personalized Trading Plan including your practice trades, 4) Be within the 14 Day Money Back Guarantee period and 5) Call EZBreakouts at 800-387-5250 x1 to make formal request within the 14 days. Membership may not be assigned or transferred to any other person or entity. Member must promptly inform Eddie Z and EZBreakouts.com by calling 800-387-5250 of the following: Changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Eddie Z and EZBreakouts are notified by calling 800-387-5250 of a breach in security, the Member will remain liable for any unauthorized use of the Service. Please allow 30 days for delivery of How to Make Money in Stocks paperback book and any other bonus books promised during the offer.

EZ Swing Trading Annual and Lifetime Memberships have 14 days after payment to request a full refund. To be eligible for a EZ Swing Trading Membership refund, you must

1) Have actively taken our onboarding/coaching call with our VP of Education,

2) Be within the 14 Day Money Back Guarantee period AND

3) Call EZBreakouts at 800-387-5250 x1 to make formal request within the 14 days.

Legal Terms for EZ Trading Psychology & EZ Trading IQ Products

This agreement details the arrangements and understandings in place as part of the services to be provided by Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid. For the purposes of this agreement, the customer will be referred to as the “client” and “product” referrers to the downloadable products and services supplied by Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid.

By using eztradingpsychology.com, purchasing, downloading and using this product or any service provided by Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid, you are taking a declaration and agreement to the following terms:

  1. I, the client must not be under the care of any licensed therapist or mental health care professional or practitioner while using the downloadable product. If the client is under such care, they must notify the practitioner and the mental health care professional organization, and do not use the product until it has been approved by your practitioner or professional care organization.
  2. I, the client, understand that the downloadable product is for educational purposes only and is not a substitute for proper medical or psychological treatment. If I suspect that I am suffering from any physical or psychological ailment or condition, then I will seek appropriate treatment before using the product.
  3. I, the client, am of sound mind and judgment and I acknowledge that every decision I make and their resulting outcomes are solely my responsibility and I understand and accept that Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid are not liable or to be held responsible in anyway whatsoever.
  4. No representation or implication is being made that using the information on this website or download will generate profits or ensure freedom from losses. I understand there is no 100% guarantee of a positive result, but acknowledge I am paying for the quality of your product and acknowledge there is no money back guarantee.
  5. I, the client, will not listen to this product or audio program if I suffer from epilepsy, psychological problems, any other nervous or psychiatric condition or whilst driving or operating machinery. The information provided is not a substitute for proper medical advice. If in doubt, I will consult my doctor or licensed medical practitioner.
  6. I, the client, confirm that I do not have reason to suspect that I currently have or may have depression/ clinical depression and / or other psychological illness. I also confirm that if I have ever been diagnosed with depression/clinical depression and/or other psychological illness in the past that my recovery was at least two years before purchase of this downloadable file and that I have obtained my doctor’s informed consent and/or approval to listen to the training program and services provided by Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid.
  7. Please note that information, products and services provided by Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid are not a substitute for qualified medical advice and do not replace the advice of your doctor or medical practitioner. Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid accepts no liability for your use of Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid and for the information contained on this website.

You acknowledge that as you have not received any personalized advice from Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid: Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid cannot be liable for the suitability of the products and / or the information provided as part of his services, to your particular circumstances and for any consequences thereof and you acknowledge that usage of any of these products and services is at your own risk. Furthermore, no guarantee can be given of any outcome as a result of your use of any of these products and/ or services.

  1. Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any:1) Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or2) Loss of goodwill or reputation; or3) Special or indirect losses, or4) Other losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
  2. Notwithstanding the above, Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to $1.00 or a sum equal to the amount paid or payable by you for the product(s) and/or services in respect of one incident or series of incidents attributable to the same clause, whichever is the greater.
  3. Clause 8 does not affect your statutory rights as a consumer

Breach of these conditions by you:

  1. If you breach any of these terms and conditions you agree to hold blameless Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid products and / or services. You agree to indemnify Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid for all fees, legal fees and costs which may arise out of your breach of these terms and conditions.
  2. Information provided by Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid’s books, printed course manuals, products, courses , websites and podcasts is for informational and / or entertainment purposes only. Information provided in Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid’s books, printed manuals, courses, websites, products and podcasts does not constitute professional training in hypnosis, hypnotherapy, counseling, NLP, coaching, psychotherapy or other form of therapy; business, personal, spiritual, or career advice, nor should any information in Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid’s audio products and / or emails and / or published books and / or printed manuals and / or websites and / or podcasts be taken to mean that you are being advised to act or not act in any specific way by Kenneth Reid.
  3. Some of Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid’s products and programs utilize mild altered states of consciousness. Because altered states of awareness are involved, you should not use Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid’s products when driving, using machinery or doing anything which requires your attention. For reasons of good practice, Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid’s products and programs are not a substitute for qualified medical or psychological treatment. Therefore, if you think you have or may have a psychological or medical condition of any kind then you should seek the appropriate support and only use Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid’s products with the informed consent and guidance of your doctor or therapist.
  4. You agree that you have read and understood these terms and conditions and that you will continue to keep yourself informed of these terms and conditions.

General:
(a) This agreement is subject to U.S. law and jurisdiction.
(b) These terms and conditions represent the complete agreement between you and Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid and regulate all of your use of any and all of Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid’s goods and services (including, but not limited to: website(s), training courses, coaching sessions, articles, podcasts, CD’s, downloads and books) and these terms and conditions replace any previous agreements made between you and Kenneth Reid.
(c)  You may not assign my rights under these terms and conditions.
(d) If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
(e) No delay or failure by Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of Tulcan Enterprises LTD, EZ Trading Psychology, EZBreakouts, EZ Trading Computers & Kenneth Reid.
(f) This Agreement is governed by the laws of the State of Florida USA, and the Florida laws which apply therein. Any controversy, dispute, or dissent arising out of this Agreement shall be settled amicably in good faith first; any disputes which cannot be amicably resolved between the parties shall be settled by binding arbitration in Fort Lauderdale, FL. The decision of arbitration shall be final. Enforcement of the award may be requested by either party through application to any court having jurisdiction.

Any Software provided by EZBreakouts.com is subject to following signed agreement:

EDDIE Z, EZBREAKOUTS.COM AND TULCAN ENTERPRISES LTD WARRANTY DISCLAIMER AND SOFTWARE LICENSE AGREEMENT

Licensors® EZBreakouts Application

NOTICE TO USERS: YOU MUST AGREE TO ALL TERMS BELOW BEFORE YOU USE THE SOFTWARE. IF YOU DO NOT AGREE TO ALL TERMS, DO NOT USE THIS SOFTWARE. BY USING THE SOFTWARE YOU ACCEPT ALL THE TERMS BELOW IN THIS WARRANTY DISCLAIMER AND SOFTWARE LICENSE AGREEMENT (“AGREEMENT”).

THE EXPORT AND RE-EXPORT OF THE SOFTWARE IS CONTROLLED BY THE UNITED STATES EXPORT ADMINISTRATION REGULATIONS AND SUCH SOFTWARE MAY NOT BE EXPORTED OR RE-EXPORTED TO CUBA, IRAN, NORTH KOREA, SUDAN, OR SYRIA OR ANY COUNTRY TO WHICH THE UNITED STATES EMBARGOES GOODS. IN ADDITION, THE SOFTWARE MAY NOT BE DISTRIBUTED TO PERSONS ON THE TABLE OF DENIAL ORDERS, THE ENTITY LIST, OR THE LIST OF SPECIALLY DESIGNATED NATIONALS.

BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE CERTIFYING THAT YOU ARE NOT A NATIONAL OF CUBA, IRAN, NORTH KOREA, SUDAN, OR SYRIA OR ANY COUNTRY TO WHICH THE UNITED STATES EMBARGOES GOODS, AND THAT YOU ARE NOT A PERSON ON THE TABLE OF DENIAL ORDERS, THE ENTITY LIST, OR THE LIST OF SPECIALLY DESIGNATED NATIONALS.

THE SOFTWARE MAY CAUSE YOUR COMPUTER TO AUTOMATICALLY CONNECT TO THE INTERNET. SEE SECTIONS 6 AND 7 FOR ADDITIONAL INFORMATION.

 

PART I. WARRANTY DISCLAIMER

The Software is currently made available to you as part of your EZBreakouts Full Membership or EZ Swing Trading Package package.

You may be entitled to warranties, conditions, and terms that may not be excluded or limited by Eddie Z, EZBreakouts.com and Tulcan Enterprises LTD (the “Licensors”) under law. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS, AND TERMS, THE SOFTWARE IS MADE AVAILABLE “AS IS.” EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS, AND TERMS, AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF

WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE WARRANTY RIGHTS UNDER LAW

WHICH MAY NOT BE WAIVED OR DISCLAIMED. LICENSORS DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.

These exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Except for on-line self- serve support that may be available on any website operated by the Licensors , the Licensors provide no support services for the Software. Licensors reserves the right to charge you for use of subsequent versions of the Software or any Licensors online services available through the Software.

 

PART II. SOFTWARE LICENSE AGREEMENT

  1. Definitions.

“Licensors” means TULCAN ENTERPRISES LTD, dba Eddie Z and EZBreakouts.com, a Nevada corporation, PO BOX 3540, Silver Springs, NV 89429 (mailing address: 8930 West State Rd 84 #262,  Davie, FL 33324). “Licensors EZ Exit Automation Tool or EZ Autotrader and/or EZ Swing Tool for TOS Ameritrade” means the Licensors’ online service located at https://www.ezbreakouts.com/ (or successor website), which provides the EZ Autotrader Automation Tools (including the EZ Autotrader, EZ Day Trading Exit Tool , EZ Swing Trading Exit Tool & EZ Swing Tool for TOS Ameritrade) which is software that helps traders manage stock positions specifically for the purpose of managing entry and exit of the position. “Software” means the Software named above including any media, documentation, and fonts that relate to that Software. The term “Software” also includes any future updates to the Software (“Updates”) that are not delivered to you under separate terms.

2.  Software License.

Subject to the terms and conditions of this Agreement, including but not limited to you signing up for the Licensors EZ Exit Automation Tool or EZ Autotrader and/or EZ Swing Tool for TOS Ameritrade (as defined below), Licensors grants you a non-exclusive license to install and use a copy of the Software on a compatible computer to use the Licensors EZ Exit Automation Tool or EZ Autotrader and/or EZ Swing Tool for TOS Ameritrade and download the results via the Software.

3.  Restrictions and Obligations.

  • Your use of the Software is subject to you signing up for the Licensors EZBreakouts Full Membership package or EZ Swing Trading Alerts Package. You cannot use the Software without having a valid account for the EZBreakouts Full Membership package or EZ Swing Trading Alerts.

 

  • Internet Connection Required. In order to use the Software, you must be connected to the Internet and download it over the internet, for installation on a third party

 

  • Additional Terms of Use. The Software will facilitate your access to the Licensors EZ Exit Automation Tool or EZ Autotrader and/or EZ Swing Tool for TOS Ameritrade. Your use of the Licensors EZ Exit Automation Tool or EZ Autotrader and/or EZ Swing Tool for TOS Ameritrade may be governed by subscription or access fees, although presently offered as part of your EZBreakouts Full Membership package or EZ Swing Alerts Package.

 

  • You may not modify, adapt, or translate the Software. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, except to the extent you may be expressly permitted under applicable law to decompile only in order to achieve interoperability with the Software. You will not distribute, rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize the Software to be copied onto another user’s computer, except as expressly allowed by this agreement. You will not make the Software available for use on a server, service bureau, or similar basis, on the Internet or

4.  Third Party Materials.

Use of some third party materials may be subject to terms and conditions typically found in a separate license agreement, terms of service, or readme file located near such materials, for example at http://www.Licensors.com/go/thirdparty.

5.  Intellectual Property Ownership.

Licensors and its suppliers own all intellectual property rights in the Software. The Software is licensed, not sold. You will not install, copy, or use the Software in any manner not expressly permitted above. All rights not expressly granted under this agreement are reserved by Licensors and its suppliers.

6.  Updates.

By using an Update, you hereby voluntarily terminate your right to use any previous version of the Software. Licensors may deliver Updates to you on different terms. The Software may cause your computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to check for Updates that are available for automatic download to your computer and to let Licensors know the results of installation attempts.

7.Automatic Connections to the Internet.

The Software may cause your computer to automatically connect to the Internet in order to let Licensors know that the Software is successfully installed and in order to use the Software and the Licensors EZ Exit Automation Tool or EZ Autotrader and/or EZ Swing Tool for TOS Ameritrade. Whenever the Software makes an Internet connection and communicates with an Licensors website, whether automatically or due to explicit user request, the Licensors Privacy Policy, Licensors.com TOU, and Acrobat.com TOU shall apply. In addition to Section 6 above, the following provisions apply to all automatic Internet connections by the Software:

  • When the Software automatically connects to the Internet, an Internet protocol address that is associated with your current Internet connection is sent to an Licensors website; and

 

  • When the Software automatically connects to the Internet, no personally identifiable information is sent except (a) your login information for the Licensors EZ Exit Automation Tool or EZ Autotrader and/or EZ Swing Tool for TOS Ameritrade;(b) as set forth in Licensors TOU, and (c) to the extent that

 

Internet Protocol Addresses may be considered personally identifiable in some jurisdictions.

8.  WARRANTY DISCLAIMER.

The Software is currently made available to you as part of your purchase of the EZBreakouts Full Membership package or the EZ Swing Trading Alerts package.

You may be entitled to warranties, conditions, and terms that may not be excluded or limited by Licensors under law. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS, AND TERMS, AND THE SOFTWARE ARE MADE AVAILABLE “AS IS.” EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS, AND TERMS, LICENSORS AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. LICENSORS DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.

These exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Except for any on-line self- serve support that may be available on Licensors www.ezbreakouts.com, Licensors provides no support services for the Software. Licensors reserves the right to charge you for use of subsequent versions of the Software or any Licensors online services available through the Software.

9.  LIMITATION OF LIABILITY.

 EXCEPT FOR ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, LICENSORS AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS INCLUDING ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN LICENSORS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, AS A RESULT OF THE USE OF THE SOFTWARE.   THIS INCLUDES ANY AND ALL ADVERSE INVESTMENT RESULTS OR LOSSES AND THE LICENSEE ASSUMES ALL RISKS OF INVESTMENT LOSSES AND IS NOT ENTITLED

TO RELY ON THE SOFTWARE IN MAKING ANY INVESTMENT DECISIONS. IN ANY EVENT, LICENSORS’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing

contained in this agreement limits Licensor’s liability to you in the event of death or personal injury resulting from Licensor’s negligence or for the tort of deceit (fraud). Licensors is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding, and limiting obligations, warranties, and liability, but in no other respects and for no other purpose. For further information, contact the Licensors Customer Support Department.

THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. LICENSORS DOES NOT SEEK TO LIMIT YOUR WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW. 

  1. Governing Law.

This Agreement will be governed by and construed in accordance with the substantive laws of the State of Nevada, if a license to the Software is obtained when you are in North America; or (b) of Japan, if a license to the Software is obtained in an Asian country where English is not an official language; or (c) England, if a license to the Software is obtained in any other location. The courts of Dade County, Florida shall each have exclusive jurisdiction over all disputes relating to this agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

11.  Feedback.

You have no obligation to provide Licensors with ideas, suggestions, documentations, and/or proposals (“Feedback”). However, if you submit Feedback to Licensors through any method (written, oral, email, on the Licensors.com site, or on third party services such as Facebook or Twitter), while you retain ownership in such Feedback, you hereby grant Licensors a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose throughout the universe. Further, by submitting Feedback, you represent and warrant that (a) your Feedback does not contain the confidential or proprietary information of you or of third parties; (b)Licensors is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c)Licensors may have something similar to the Feedback already under consideration or in development; and (d) you are not entitled to any compensation or reimbursement of any kind from Licensors for the Feedback under any circumstances.

12.  General Provisions.

Your rights to use the Software terminate immediately if you do not comply with any term of this Agreement. If any provision of this agreement is found unenforceable, only that provision, interpreted as narrowly as possible, will be held unenforceable and the rest of this agreement will remain valid and enforceable according to its terms. Sections 1, 5, 8, 9, 10, 11 and 12 shall survive the termination of this Agreement. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Licensors. This Agreement, the Privacy Policy, Licensors TOU and the Acrobat.com TOU are the entire Agreement between Licensors and you relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software. If you have any questions regarding this document or if you wish to request any information from Licensors please use the address and contact information included with this product or via the web at http://www.Licensors.com to contact the Licensors office serving your jurisdiction.

Licensors and EZBreakouts are either a registered trademark or trademark of Licensors Systems Incorporated in the United States and/or other countries.

Licensors:                                                                    Licensee:

 

TULCAN ENTERPRISES LTD                               [Name]

8930 West State Road 84 #262                                  [Address] Davie, FL 33324

 

 

 

By:      Russ Hazelcorn                       Russ Hazelcorn (aka Eddie Z)

Title:                                                    Chief Executive Officer

Date:                                                  

 

By:                                                      Title: Date: