EZ Wins Terms and Conditions

Thank you for joining the EZ-Wins platform.

This Agreement is between User and EZ Wins LLC

Welcome to www.ez-wins.com. The www.ez-wins.com website (the "Site") is comprised of various web pages operated by EZ Wins LLC. www.ez-wins.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.ez-wins.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.ez-wins.com is a Data Analysis and Sales Competition Site. This platform is designed to help new car dealerships and their management team motivate and educate their service advisors. The Data collected is solely used to improve the results of your service department. Using the power of accountability, competition, and positive reinforcement, EZ-Wins improves service advisor output and increases employee retention.

Trial Offers, Auto-Renewals, and Paid Accounts for EZ-Wins Platform:

EZ-Wins may offer trial periods for the limited use of its platform services (each "Trial Offer") to new customers who provide valid payment information, such as a credit card or other accepted payment method. By starting a Trial Offer, you agree to automatically transition to a paid membership at the end of the trial period, authorizing EZ-Wins to charge your payment method a recurring monthly or annual membership fee, as applicable. Should you wish to access additional services beyond those included in the Trial Offer, you may be required to purchase those services separately or upgrade to a paid membership before the end of the trial period. Please refer to our Membership and Pricing page for further details on available memberships. EZ-Wins reserves the right to adjust pricing periodically, with all changes being prospective and not retroactive.

EZ-Wins may automatically renew your membership at the end of the trial period or upon expiration, unless you notify us of your intention to cancel or downgrade your membership.

To ensure uninterrupted service and enable convenient purchase of additional products and services, EZ-Wins will securely store and update your payment method on file, including updates such as expiration dates. In the event we are unable to charge your designated payment method for any reason, EZ-Wins reserves the right to automatically downgrade your paid plan to a lower-priced option, adjust your billing cycle, and/or suspend your paid membership until your payment method can be successfully charged again. Please note that it is your responsibility to maintain accurate billing information on file with EZ-Wins.

By utilizing the EZ-Wins platform and accepting the terms outlined in this Agreement, you acknowledge and agree to the terms regarding trial offers, auto-renewals, and paid accounts as described herein.

Refund Policy:

At EZ-Wins, we strive for your complete satisfaction with our platform and services. As such, EZ-Wins offers a 100%, no questions asked, satisfaction guarantee on all EZ-Wins products and services. If you encounter any issues with the delivery of your services or believe there has been a billing error, please promptly contact our Customer Service Department via email at support@ez-wins.com so that we can assist you in resolving the matter, provide a refund, or offer appropriate credit for future services.

When reaching out to us, kindly provide details related to the services you have purchased to ensure we address your concerns and ensure your satisfaction with the EZ-Wins experience. All refund requests must be submitted within 90 days of the initial purchase.

Please note the following exceptions to our refund policy:

No refunds are offered for services that have been initiated or completed.
Refunds are not available for annual plans after 90 days from the date of purchase.
If an annual plan is purchased alongside another discounted EZ-Wins or JDI Enterprises product, refunds are not applicable.

Certain services, such as, monthly plans, and annual plans, may automatically renew. If you do not wish for your plan to renew, please contact us before the renewal date of your plan via email at support@ez-wins.com. Additionally, you may cancel services before their renewal through your online account.

By utilizing the EZ-Wins platform and accepting the terms outlined in this Agreement, you acknowledge and agree to the terms regarding our refund policy as described herein.

Ownership and Preservation of Your Data with EZ-Wins:

EZ-Wins respects your ownership rights over any data, documents, or content you create or upload while using our platform ("Data"). You retain full ownership of your Data, and by using EZ-Wins services, you grant us permission to utilize your Data solely for the purpose of providing our services to you.

EZ-Wins services include, but are not limited to, national, regional, and, local service department and service advisor competitions. The repair order (RO) data shared with competitors will include the Service Advisor Name, Hours per RO, Quantity of Customer Pay RO’s, Effective Labor Rate, Total Customer Pay Labor Sales, Customer Pay Labor Sales per RO, and Menu Services Sold. This data will only be displayed as totals and averages and will not be available for dissection or download.

You acknowledge and consent to EZ-Wins preserving your Data and potentially disclosing it, if required by law or in good faith belief that such preservation or disclosure is reasonably necessary to achieve any of the following: (1) comply with legal obligations, applicable laws, or governmental requests; (2) enforce the terms of our agreement with you; (3) respond to claims that any content violates the rights of third parties; or (4) safeguard the rights, property, or safety of EZ-Wins, its users, and the general public. Please be aware that the technical processes involved in transmitting and processing your Data, including but not limited to storage and network transmission, may necessitate interactions with third-party networks and adjustments to meet the technical specifications of connecting networks or devices. You agree that EZ-Wins bears no responsibility or liability for the deletion or failure to store any of your Data or other content maintained or uploaded through our services.

At EZ-Wins, we are committed to protecting your privacy and ensuring the security of your Data. If you have any questions or concerns regarding the ownership or preservation of your Data, please do not hesitate to contact our Customer Service Department via email at support@ez-wins.com.

Consent to Receive Emails from EZ-Wins:

By creating an account with EZ-Wins, you acknowledge and consent to receiving communications from us, including but not limited to newsletters, special offers, account reminders, and updates. These communications may be sent via email or other electronic means.

We understand that your preferences may change over time, and therefore provide you with the option to opt out of promotional communications by clicking the "Unsubscribe" link located in the footer of any promotional email you receive from EZ-Wins. However, please note that you cannot opt out of essential communications related to your account, such as renewal notices or important service updates, as these communications are necessary for the management and operation of your account.

At EZ-Wins, we respect your privacy and strive to provide transparent communication practices. If you have any questions or concerns regarding our email communication policy, please feel free to contact our Customer Service Department via email at support@ez-wins.com.

Acceptable Use of Communications Services with EZ-Wins:

At EZ-Wins, our platform offers various communication services designed to enhance your user experience. These may include features such as live chats, comment threads, blog posts, question and answer forums, customer service communication forums, calendars, and other messaging services (collectively referred to as "Communication Services"). By utilizing our Communication Services, you agree to adhere to the following guidelines:

Respect Others: Refrain from defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights of others.
Appropriate Content: Do not publish, post, upload, distribute, or disseminate any content that is inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
Authenticity: Avoid creating false identities, misrepresenting yourself, or signing agreements on behalf of others without proper authorization.
Intellectual Property: Only upload files that you have the necessary rights to, and refrain from uploading software or materials that are protected by intellectual property laws without proper authorization.
Security: Do not upload corrupted files, viruses, or any other files that may harm the operation of another user's computer.
Commercial Activities: Use Communication Services for personal or non-commercial purposes only, unless expressly permitted otherwise.
Respect User Experience: Do not restrict or inhibit any other user from using or enjoying the Communication Services.
Privacy: Do not harvest or collect any information about other users without their consent or violate any applicable privacy laws.
Compliance: Adhere to any applicable codes of conduct, guidelines, laws, or regulations while using the Communication Services.

While EZ-Wins does not actively monitor all Communication Services, we reserve the right to review and remove any materials that, based upon our opinion and at our sole discretion, violate these guidelines, restrict, or terminate user access to Communication Services, or take other appropriate actions to prevent misuse. Additionally, EZ-Wins may disclose any materials or information as necessary to comply with legal obligations or governmental requests.

Thank you for your cooperation in maintaining a positive and respectful environment within our Communication Services. If you have any questions or concerns about these guidelines, please don't hesitate to contact our Customer Service Department via email at support@ez-wins.com.

Prohibited Use Policy for EZ-Wins:

At EZ-Wins, we are committed to providing a platform that operates within legal boundaries and upholds ethical standards. By using our services, you agree to comply with all applicable laws and regulations in your jurisdiction(s). Please review the following guidelines carefully to ensure your use of EZ-Wins remains lawful and appropriate:

Unauthorized Access: You may not hack, scrape, or crawl EZ-Wins, or attempt to access any information not intentionally made available to you on our platform. Unauthorized access or use of our services is strictly prohibited.
Resale of Content: Your use of EZ-Wins does not entitle you to resell any EZ-Wins content without prior express written consent.

Failure to comply with these guidelines may result in the immediate suspension or termination of your EZ-Wins account at our sole discretion. We reserve the right to refuse membership or take any other appropriate action to enforce these policies.

Thank you for your cooperation in maintaining a safe and compliant environment within EZ-Wins. If you have any questions or concerns about these guidelines, please contact our Customer Service Department via email at support@ez-wins.com.

Property Rights and License Grant at EZ-Wins:

At EZ-Wins, we value the intellectual property rights of our products and services. By using our platform, you agree to respect and adhere to the following terms regarding our property rights and license grant:

Ownership and Intellectual Property: EZ-Wins retains all rights, title, and interest in our products and services, including but not limited to software, images, text, graphics, logos, trademarks, copyrights, and other intellectual property rights. The design, content, and arrangement of our services are protected by copyright and trademark laws.
Restricted Activities: You may not reproduce, modify, distribute, or create derivative works of our products and services. Furthermore, you may not sell, rent, lease, sublicense, or publicly display any EZ-Wins content without our prior written consent. Circumventing or disabling security features is also prohibited.
Trademarks: "EZ-Wins" and our other trademarks, service marks, and logos are registered trademarks of EZ-Wins. You may not copy, imitate, or use them without our prior written permission. Any unauthorized use of our trademarks is strictly prohibited.
License Grant: Subject to your compliance with these terms, EZ-Wins grants you a non-exclusive, limited, revocable license to use our services as intended. As a registered user, you are authorized to keep electronic or physical copies of documents you create on EZ-Wins for your personal records.
User Content: When you submit user content on EZ-Wins, you grant us a nonexclusive, royalty-free, perpetual right to use, reproduce, modify, and distribute that content for the purposes of providing our services. We may also use feedback or suggestions you provide to improve our services without obligation to compensate you.
Prohibited Activities: Resale or unauthorized copying, distribution, or use of forms, articles, or documents from our platform is strictly prohibited. These materials are for personal or business use only and may not be resold or redistributed without our express written consent.

By using EZ-Wins, you agree to abide by these terms and respect our intellectual property rights. Any violation of these terms may result in the termination of your account or other appropriate action. If you have any questions or concerns about these terms, please contact our Customer Service Department via email at support@ez-wins.com.

At EZ-Wins, we take copyright infringement seriously and comply with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that any material on our platform infringes upon your copyright, you may file a DMCA Notice of Alleged Infringement with our Designated Copyright Agent:

EZ-Wins Incorporated

Attn: Legal Department

1910 Pacific Ave.

Ste 13350

Dallas, Texas 75201

Email: info@ez-wins.com

Please include the following information in your DMCA Notice:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
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 owner of an exclusive right that is allegedly infringed.
Your physical or electronic signature.

Please note that filing a DMCA Notice of Alleged Infringement with EZ-Wins does not constitute legal action.

We encourage you to seek legal advice if you are uncertain whether material on our platform infringes upon your copyright.

Thank you for helping us maintain the integrity of our platform and respecting copyright laws at EZ-Wins.

Third Party Links Policy at EZ-Wins:

At EZ-Wins, we may provide links to third-party resources and businesses on the internet ("links" or "Linked Sites") for your convenience. These links are offered to help you identify and locate other internet resources that may be of interest to you.

However, please note that EZ-Wins does not control, endorse, or monitor the contents of any Linked Site. This includes any further links contained within a Linked Site and any changes or updates to a Linked Site's content. We are not responsible for any webcasting or other form of transmission received from any Linked Site.

It's important to understand that these Terms of Service do not govern your interaction with Linked Sites. Therefore, we encourage you to carefully review the terms and conditions and privacy policies of any Linked Sites you visit.

If you choose to use any service provided on a Linked Site, please be aware of the following:

EZ-Wins will not be responsible for any act or omission of the third party, including their access to or use of your customer data.
EZ-Wins does not provide any warranty or support for any service provided by the third party.

By using our Service and accessing Linked Sites, you agree that EZ-Wins is not liable for any damages or losses incurred as a result of your interaction with Linked Sites or your reliance on any service provided by third parties.

Disclaimer of Representations and Liability:

Please carefully review this section as it impacts your rights.

At EZ-Wins, we strive to provide accurate and reliable information, software, products, and services. However, there may be instances of inaccuracies or typographical errors. We reserve the right to modify, improve, suspend, or deprecate certain features of our services at any time and at our sole discretion.

Information received through EZ-Wins should not be solely relied upon for personal, legal, or financial decisions. We strongly advise using information from our service alongside the guidance of a qualified professional tailored to your specific situation. Your use of our services is undertaken at your own risk.

Warranties Disclaimer:

To the fullest extent permitted by law, EZ-Wins, along with its affiliates, subsidiaries, program sponsors, and distributors, make no warranties, either express or implied, about the services provided. The services are offered "as is" and "as available." We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. Any information and opinions received through our services should not be solely relied upon for personal, legal, or financial decisions without consulting an appropriate professional for tailored advice.

Limitation of Liability:

To the fullest extent permitted by law, EZ-Wins, its affiliates, suppliers, program sponsors, or distributors shall not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages, or any loss of use, data, business, or profits, regardless of legal theory, even if we have been advised of the possibility of such damages. In no event shall our aggregate liability to you for all claims relating to the services exceed the greater of $500 or the amount paid by you to EZ-Wins for the 12 months preceding the services in question.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Essential Basis of the Bargain:

The parties expressly agree and acknowledge that the foregoing disclaimers and limitations of liability constitute an essential basis of the bargain between the parties.

Release and Indemnity:

At EZ-Wins, we prioritize your satisfaction. By utilizing our service, you, representing yourself and your executors, agents, representatives, and assigns, hereby release, forever discharge, and hold EZ-Wins, its partners (including any third-party companies engaged by EZ-Wins to fulfill business formation, registered agent, or other business filing orders), your Program Sponsor (if applicable), and its affiliates, as well as their respective officers, employees, directors, and agents, harmless from any and all losses, damages, expenses (including reasonable attorneys' fees), rights, claims, and actions of any kind, including injury (including death), arising from or related to your utilization of our services. Your agreement to this release is given freely and voluntarily, with full understanding of its implications.

Furthermore, you agree to indemnify and protect EZ-Wins, its partners (including any third-party companies engaged by EZ-Wins to fulfill business formation, registered agent, or other business filing orders), your Program Sponsor (if applicable), and its affiliates, as well as their respective officers, employees, directors, and agents, from any and all losses, damages, expenses (including reasonable attorneys' fees), rights, claims, and actions of any kind, including injury (including death), stemming from any third-party claims associated with your use of the service, your violation of these terms, or your infringement upon the rights of another party.

Dispute Resolution By Binding Arbitration and Class Action Waiver:

If you have any concerns or disputes regarding EZ-Wins services, we encourage you to reach out to our Customer Service Department via email at support@ezwins.com for prompt resolution.

However, if a dispute cannot be resolved informally, both parties mutually agree to resolve such disputes through binding arbitration under the auspices of JAMS Alternative Dispute Resolution ("JAMS"). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States, Dallas County (TX), or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.

Any notice to EZ-Wins should be addressed to EZ-Wins Incorporated, 1910 Pacific Avenue Suite 13350 Dallas, Texas 75202. Any notice to you shall be sent to your address as set forth in EZ-Wins records of account or such other legal address as EZ-Wins is able to identify.

You may only resolve disputes with EZ-Wins on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Notwithstanding our agreement to arbitrate disputes, the following exceptions will apply:

Either party may assert claims in small claims court without first engaging in arbitration.
EZ-Wins may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services or intellectual property infringement without first engaging in arbitration.
In the event that arbitration is found to be inapplicable or unenforceable for any reason, judicial proceedings will be brought in the federal or state courts of Dallas County, Texas, and by your use of the Services, you expressly consent to venue and personal jurisdiction of the courts therein.

EZ-Wins reserves the right to make changes to these provisions regarding dispute resolution and arbitration with notice provided according to the "Modifications" section below. You may reject any changes made during your Membership by sending written notice within thirty (30) calendar days of the notice of modification to the following address: EZ-Wins Incorporated, 1910 Pacific Avenue Suite 13350 Dallas, Texas 75202.

Top of Form

Controlling Law:

These Terms are governed by the law of Texas, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules.

Waiver, Severability, and Assignment:

EZ-Wins' decision not to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision in the future. If any provision of these Terms is deemed unenforceable, the remaining provisions will continue to be valid and enforceable, and a substitute provision may be implemented to reflect the original intent as closely as possible. You are not permitted to assign any of your rights under these Terms, and any attempted assignment will be null and void. EZ-Wins reserves the right to assign its rights to any affiliates, subsidiaries, or successors in interest associated with the Services.

Modifications:

EZ-Wins reserves the right to revise these Terms periodically, and the most up-to-date version will always be available on our website. Your continued use of or access to the Services following any revisions constitutes your acceptance of the updated Terms. We recommend that users regularly review the Terms to maintain a comprehensive understanding of their content.

North Carolina Residents:

If you are a resident of North Carolina, the following provisions govern your purchases from EZ-Wins:

The disclaimers of warranties and limitations of liability stated herein will not apply to you.
These Terms will not restrict your ability to seek damages or pursue other remedies.
These Terms will not compel you to consent to jurisdiction or venue in any state other than North Carolina for the resolution of disputes between you and EZ-Wins

Missouri Residents:

If you are a resident of Missouri, please note the following disclosure regarding your purchases from EZ-Wins:

The services offered by EZ-Wins are not considered an insurance product and are not regulated by the Department of Insurance, Financial Institutions, and Professional Registration in the State of Missouri.

Membership Changes / Cancelations:

To make any changes to your membership with EZ-Wins, you may reach out to our Customer Service Department via email at support@ez-wins.com or at (469) 221-9670. EZ-Wins offices are open Monday through Friday 09:00 – 18:00 Central Time.

Entire Agreement:

These Terms constitute the entire agreement between you and EZ-Wins concerning the subject matter herein and supersede any prior or contemporaneous agreements, or terms and conditions related to the subject matter herein. These Terms do not confer any third-party beneficiary rights except as expressly stated in the Terms, pertaining to Release and Indemnity.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by Customer except with EZ-Wins’ prior written consent. EZ-Wins may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.

All waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind EZ-Wins in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent if sent for next day delivery by recognized overnight delivery service; and upon receipt if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions.

The parties shall work together in good faith to issue at least one mutually agreed-upon press release within 90 days of the Effective Date, and Customer otherwise agrees to reasonably cooperate with EZ-Wins to serve as a reference account upon request.