FREE OPENER WEBSITE TERMS OF USE

Last Updated: August 12, 2011

This website, www.freeopener.com (the "FO Website"), is owned and operated by EZ Freeware, LLC (referred to as "EZ" "we," "us" or "our"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE FO WEBITE. By using this FO Website you agree to these terms of use (the "Terms"). If you do not agree to the Terms, please do not use the FO Website. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the FO Website following the posting of changes to the Terms will mean you accept those changes.

THE FO WEBSITE

The FO Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the FO Website is the property of EZ or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. EZ hereby grants you a limited, nonexclusive, non-transferable, personal license to use the FO Website for personal or informational purposes only. Except as expressly authorized by EZ in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the FO Website for any purpose or "frame" or "mirror" the FO Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to EZ and/or its licensors.

To use certain features of the FO Website, download the Free Opener application or participate in certain activities sponsored by EZ, we might ask you to register as a customer, user or participant. If so requested, each FO Website user must: (1) personally provide true, accurate, current and complete information on the FO Website's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If EZ has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, EZ may suspend or terminate any and all current or future use of the FO Website by that user. A user may receive passwords and account designations upon completing certain FO Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.

CONTENT SUBMISSIONS

All information, data, text or any other materials posted or transmitted to EZ or the FO Website, shall be collectively referred to as the "Content." The submitting user retains ownership of Content. Notwithstanding the user's ownership, the submitting user grants EZ the royalty-free, world-wide perpetual, non-exclusive, transferable license to EZ to use, reproduce, publish, distribute and display such Content solely on or through the FO Website. EZ has not, and will not, review, monitor or edit the Content. EZ shall have the right (but not the obligation) in its sole discretion to refuse, delete and store any Content that it considers to violate the Terms or be otherwise illegal. When submitting Content: (a) you will use this FO Website only in a manner consistent with all laws and regulations and in accordance with the Terms; and (b) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights.

YOUR USE OF THE FREE OPENER APPLICATION

Your use of EZ's "Free Opener" application (the "FO App") is subject to the terms and conditions of the Free Opener Application License Agreement (http://www.freeopener.com/appterms.html).

THIRD PARTY OFFERS

PRIOR TO YOUR DOWNLOAD OF THE FO APP, YOU MAY BE PRESENTED WITH ONE OR MORE PRODUCTS AND/OR SERVICE OFFERS ( COLLECTIVELY THE "OFFERS"). THE OFFERS ARE PROVIDED BY THIRD PARTIES THAT HAVE ENTERED INTO AN AGREEMENT WITH FO (EACH A "THIRD PARTY"). IF YOU AGREE TO PURCHASE OR ACT UPON AN OFFER, FO WILL BE PAID BY FEE BY THE THIRD PARTY. YOUR USE OF THE OFFER WILL BE SUBJECT TO THE TERMS AND CONDITIONS ESTABLISHED BY THE THIRD PARTY. THE COLLECTION AND USE OF ANY DATA RELATED TO THE OFFER SHALL BE SUBJECT TO THE THIRD PARTY'S PRIVACY POLICY.

CHILDREN

The FO Website is not intended for use by children. If you are under 13, you may not submit or post any information or material on the FO Website or otherwise provide such information to EZ, including but not limited to personally identifiable information.

TERMINATION

EZ may terminate your use of the FO Website for: (a) breach of these Terms; (b) your abuse of FO Website resources or attempt to gain unauthorized entry to the FO Website; or (c) as required by law, regulation, court or governing agency order. EZ's termination of any user's access to the FO Website may be effected without notice and, on such termination, EZ may immediately bar any further access to the FO Website. EZ shall not be liable to any user or other third party for any termination of that user's access to the FO Website. In the event of termination, EZ reserves the right to delete or save a user's Content at EZ's sole discretion.

LINKS

The FO Website may provide links to other websites. FO exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.

LIMITED WARRANTY; LIMITATION OF LIABILITY

EACH USER'S USE OF THE FO WEBSITE, THE FO APP AND THE OFFERS ARE AT HIS OR HER SOLE RISK. THE FO WEBSITE, THE FO APP AND THE OFFERS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE FO WEBSITE, THE FO APP OR OFFERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TRADEMARK INFORMATION

"FREE OPENER" and "EZ FREEWARE" are trademarks of EZ. All other marks, names, and logos mentioned on the FO Website are the property of EZ or their respective owners. Your use of the EZ trademarks and other marks, names and logos set forth on the FO Website without prior written consent is strictly prohibited.

COPYRIGHTS

EZ respects the intellectual property rights of others, and requires that the people who use the FO Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this FO Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit EZ to locate the material, including the full URL; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is: Chris Miller, Copyright Officer, EZ Freeware, LLC, 548 Market St # 44979, San Francisco, CA 94104.

PRIVACY

EZ agrees to treat your personally identifiable information in accordance with the terms of our then current privacy policy, which is available for review at http://www.freeopener.com/privacy_policy.html or by sending an e-mail request to: privacy@freeopener.com.

GENERAL INFORMATION

The Terms constitute the entire agreement between each user and EZ and govern each user's use of FO Website, superseding any prior agreements. The Terms and the relationship between each user and EZ shall be governed by the laws of the State of California without regard to its conflict of law provisions. This FO Website is controlled and operated by EZ from its offices within the United States of America. EZ makes no representation that materials in the FO Website are appropriate or available for use in other locations. Those who choose to access this FO Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between EZ and any user.