By accessing or using this web site in any way, including, without
limitation, use of any of the software or services, downloading of any software,
documentation, or other files, or merely browsing the web site, you agree to and
are bound by this Terms of Use.
The services that Zemerick Software provides to you are subject to the following
Terms of Use ("TOU"). Zemerick Software reserves the right to update the TOU at
any time without notice to you.
Your use of this web site will be subject to the most current version of the
TOU, rules, and guidelines posted on this web site at the time of such use. You
should periodically check the "Terms of Use" link at the bottom of our web pages
to view the then-current terms. If you breach any of the TOU, your authorization
to use this web site automatically terminates, and any software, documentation,
or other files downloaded or printed from this web site in violation of TOU must
be immediately destroyed.
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.
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