ZenKDS Terms & Conditions
TERMS AND CONDITIONS OF USE
Limits on Use
You agree to use the Website solely for your own use and benefit, and not for resale or other use by any other person. You agree to comply with U.S. law regarding the transmission of data obtained from the Website.
Unauthorized Use of Materials. Your unauthorized use of any materials contained in the Website (“Materials”) or materials provided by third parties contained on this Website (“Third Party Materials”) may violate state and/or federal law. As such, you agree to indemnify and hold Owner and its affiliates harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) arising from any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password violates any applicable law or regulation or the rights of any third party.
Third Party Interaction. This Website may be linked to other sites that are not under the control of or maintained by Owner. Owner is providing these links to you only as a convenience, and you agree that Owner is not responsible for the content or links displayed on such sites. Owner makes no representations concerning the content of sites linked to the Website, and you agree that Owner is not responsible for the accuracy, copyright compliance or legality of material contained in sites linked to the Website. In your use of the Website, you may enter into correspondence with, or order goods or services from advertisers or sponsors participating in the Website. Any such transaction and any term or representation associated therewith, is solely between you such third party. You agree that Owner is not responsible for the availability, content or accuracy of other web sites, services or goods that may be linked to, or advertised on, the Website. Owner does not (a) make any warranty, express or implied, with respect to the use of the links provided on the Website, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Website or (c) make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to the Website.
Inappropriate Use. If Owner becomes aware of inappropriate use of the Website or any Owner service, Owner will respond in any way that, in our sole discretion, we deem appropriate. You acknowledge that Owner will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Owner will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Operation of Website
Changes to Website. You agree that Owner and its licensors may make improvements and/or changes in the products, services, and programs described in this Website at any time without notice, and further agree that Owner can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Website after such modifications have been made constitutes your acceptance of such revised Terms.
Lapses in Website. We will make every effort to keep this Website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. You agree not to hold us liable for any of the direct or indirect consequences of such interruptions.
Local Laws, Export Control. Owner controls and operates this Website from its headquarters in the United States of America and makes no representation that the Materials and/or Third Party Materials are appropriate or will be available for use in other locations. If you use this Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Materials. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies, or other entities located in the United States. You acknowledge and agree that the Materials and the Third Party Materials are subject to the US Export Administration Laws and Regulations, and that diversion of the Materials or the Third Party Materials contrary to US law is prohibited. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Access Outside the United States. The materials contained in the Website may not be appropriate for use in countries outside the United States. If you access the Website from outside the United States, you are responsible for compliance with foreign and local laws. You may not download software from the Website if you are a national of or located in Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods. By using the Website, you represent and warrant that you are not located in, controlled by or a national or resident of any such country.
Warranties and Liability
Warranties. You use this Website at your own risk, and acknowledge and agree that this Website may include certain errors that may affect the quality of the materials contained in the Website (including without limitation, the content, services, goods, advertisements, OR items or materials provided by third parties, which shall be collectively referred to as “Materials”). You acknowledge that Materials have not been independently verified by Owner, and agree that Owner does not warrant the accuracy, completeness or timeliness of the Materials. Accordingly, anything to the contrary herein set forth notwithstanding, Owner, its officers and employees, affiliates, subsidiaries, successors and assigns, and third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any lost profits, losses, punitive or consequential damages arising from any inaccuracies, errors or omissions in the Materials
OWNER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE, OR THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE, INCLUDING BUT WHETHER SUCH REPRESENTATIONS OR WARRANTIES BE EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM ERRORS AND VIRUSES, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY MATERIALS CONTAINED ON THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY.
Limits on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OWNER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, AND, IN PARTICULAR, IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), WHETHER FOR BREACH OR IN TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Owner’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
Ownership of Materials
Copyright Notice. The Website “look and feel”, the images, text, information, documents, services and products offered on the Website, including the selection and arrangement of such items, are the copyrighted work(s) of Owner. Such look and feel is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Website are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website.
Trademarks. “Zendeyo”, the “Zendeyo” logo, all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Owner. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. ALL OTHER RIGHTS IN THE MATERIALS, THIRD PARTY CONTENT, SOFTWARE AND TRADEMARKS THAT ARE NOT EXPRESSLY GRANTED TO YOU ARE RESERVED TO OWNER AND/OR ITS LICENSORS. YOU MAY NOT USE ANY OF OWNER'S TRADEMARKS, TRADE NAMES OR WEBSITE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OWNER'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.
Intellectual Property Rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website (the "Intellectual Property Rights") shall, as between you and Owner, at all times be and remain the sole and exclusive property of Owner, and shall be reserved to Owner for its exclusive use.
Software. All software used on this Website is the property of Owner or its licensors, and such software is protected by US copyright laws and international treaties. Any use of the software other than as required to navigate the Website and utilize the functionality offered through the Website is expressly prohibited. No right to copy, distribute (in any manner through any means including without limitation rent, sales, lease, loan, or transfer), publicly display, publicly perform or modify the software accessible on the Website is granted, or may be implied by these Terms. You may not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code to the software without the express written permission of Owner and/or its licensors, as applicable.
Any action related to these Terms will be governed by South Carolina law and controlling US federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Mecklenburg County, in the State of North Carolina, for the resolution of all disputes arising from or related to these Terms and/or your use of the Website. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Owner to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Owner in writing. The Terms comprise the entire agreement between you and Owner and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. You accept that Owner has the right to change the content or technical specifications of any aspect of the Website at any time at Owner's sole discretion. You further accept that such changes may result in your being unable to access the Website.