Types of Users
Please be aware that certain activities on this web site, such as Chat Watch.NET, are available only to persons who are covered under a paid or trial subscription agreement with Zemerick Software ("Subscribers").

Intellectual Property
The software, documentation, and other files and services on this web site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the software or services at this web site may violate such laws and the TOU. Except as expressly provided herein, Zemerick Software and its suppliers do not grant any express or implied rights to use the software and services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the web site, its software, or its services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the web site.

Trademark Information
The trademarks, logos, and service marks ("Marks") displayed on this web site are the property of Zemerick Software or other third parties. You are not permitted to use the Marks without the prior written consent of Zemerick Software or such third party that may own the Marks. Zemerick Software is a trademark of Zemerick Software, Inc.

For a list of current trademarks click here.

International Users
This web site can be accessed from countries around the world and may contain references to Zemerick Software products, services, and programs that are not available in your country. These references do not imply that Zemerick Software intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by Zemerick Software from its offices within the United States of America. Zemerick Software makes no representation that this web site, or the software or services available through it, are appropriate or available for use at other locations outside the United States, and access to the web site from territories where the web site or any of its software or services are illegal is prohibited. If you access the web site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.

Personal Information and Privacy
To learn about how Zemerick Software protects your personal information, such as your name and address, refer to the Zemerick Software Online Privacy Policy. Except as set forth in the Privacy Policy or in the TOU, your personal information will be deemed to be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Zemerick Software or others, or as stated in our Privacy Policy.

WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND ZEMERICK SOFTWARE OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ZEMERICK SOFTWARE MAKES NO WARRANTY THAT (i) THE SOFTWARE, AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ZEMERICK SOFTWARE MAY MAKE CHANGES TO THE SOFTWARE, MATERIALS, AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SOFTWARE, MATERIALS, OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND ZEMERICK SOFTWARE MAKES NO COMMITMENT TO UPDATE SUCH SOFTWARE, MATERIALS, OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) ZEMERICK SOFTWARE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) ZEMERICK SOFTWARE MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) ZEMERICK SOFTWARE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ZEMERICK SOFTWARE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEMERICK SOFTWARE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS.

LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ZEMERICK SOFTWARE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ZEMERICK SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Zemerick Software User to User Forums
In addition to these TOU, users of the Zemerick Software User to User Forums must agree to a separate legal agreement located within the Forums registration area of the web site. Your access to the User to User Forums will be denied for violation of either the TOU or the agreement located within the Forums registration area of this web site.

Export Control Laws
The export and re-export of Zemerick Software software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, Zemerick Software 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 an Zemerick Software software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, 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.

All Zemerick Software products and publications are commercial in nature. The software and documentation available on this web site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Indemnity and Liability
You agree to indemnify and hold Zemerick Software, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you transmit through this web site, your use of this web site, your connection to the web site, your violation of the TOU.

Governing Law and Jurisdiction
This TOU, and any dispute arising hereunder, will be governed by the laws of the State of West Virginia. The exclusive jurisdiction for any dispute arising out of or relating to Zemerick Software, Inc. or this Terms of Use shall be the state and federal courts located in Fayette County, West Virginia.

Language
It is the express wish of the parties that the TOU and all related documents have been drawn up in English.

General
The TOU and other rules, guidelines, licenses, and disclaimers posted on this web site constitute the entire agreement between Zemerick Software and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the TOU, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the TOU shall continue in full force and effect. Any failure by Zemerick Software to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the TOU are purely for convenience and carry with them no legal or contractual effect.