Terms and Conditions
- RESTRICTIONS ON USE OF MATERIALS
- REGISTRATION INFORMATION AND SECURITY
If you register, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by Zefyr’s registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or Zefyr has reasonable grounds to suspect as much, Zefyr has the right to suspend or terminate your account and refuse any and all current or future use of Zefyr (or any portion thereof). You also agree (a) to promptly notify Zefyr of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Zefyr. In addition, you agree to exit from your account at the end of each session. Zefyr explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
- CONTENT LINKED TO ZEFYR
You should be aware that when you are on Zefyr, you could be directed to other sites that are beyond our control. We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to Zefyr.
THE INFORMATION, CONTENT, AND MATERIALS ON ZEFYR, INCLUDING WITHOUT LIMITATION “USER POSTINGS” AS DEFINED BELOW, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZEFYR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ZEFYR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT, AND MATERIALS ON ZEFYR (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ZEFYR OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT, AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. ZEFYR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ZEFYR, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO FROM ZEFYR IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Zefyr explicitly disclaims any responsibility for the accuracy, completeness, or availability of information, content, and materials found on sites that link to or from Zefyr. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any business decision.
Services offered on Zefyr are subscription-based services. You agree to pay for your use of Zefyr in advance of such use and may cancel your subscription at any time by managing your Zefyr subscription on Paypal.com. You will be charged for an entire term of use for any partial term your subscription remains active. No refunds or exceptions will be granted.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ZEFYR OR CONTENT, MATERIALS, OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF ZEFYR OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED ONE-HUNDRED DOLLARS ($100) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ZEFYR.
- JURISDICTIONAL AND VENUE ISSUES
- GENERAL PROVISIONS
- INFORMATION WE COLLECT
- HOW WE USE AND SHARE INFORMATION
Information collected via Technology
To activate the Service, you must provide all information requested in initial Service sign-up form, and you will not be granted use or access to Service prior to completion of your subscription through the sign-up form. To use the Service thereafter, you do not need to submit further Personal Information. However, in an effort to improve the quality of the Service, we may track information provided to us by your browser or by our software application when you view or use the Service, such as the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We may track this information using cookies, or small text files which include an anonymous unique identifier. Cookies may be sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis.
- HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls, and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
- YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
- LINKS TO OTHER WEBSITES
- CONTACT US
ZEFYR USER AGREEMENT
- AVAILABILITY OF ZEFYR
We will endeavor to ensure that Zefyr is available twenty-four (24) hours per day without any interruptions. However, we reserve the right to make Zefyr unavailable at any time or to restrict access to parts or all of Zefyr without notice. Zefyr is a general information service. We will endeavor not to make it misleading, but we cannot represent that the information accessible on or via Zefyr is accurate, not-misleading, complete, or up-to-date contemporaneous with your use.
- USE OF ZEFYR
Zefyr is designed for your company’s commercial use, and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, license, or sell Zefyr or any materials or information in Zefyr, or the structure, overall style, and program code of Zefyr without our consent. If you wish to make a request for consent, please contact info@GoZefyr.com.
- YOUR CONTRIBUTIONS
You agree to only use Zefyr for lawful purposes and that any information that you provide in connection with, or which forms part of Zefyr will be, as far as you are aware, true and accurate, and will not infringe any copyright or trademark, or any right of privacy, publicity, or other personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene, libelous, blasphemous, or defamatory, and you agree to indemnify us against all claims, proceedings, damages, liabilities, and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user, and you should exercise caution before acting or otherwise relying upon any information you obtain via Zefyr.
Zefyr may include links to other internet sites and/or services. Without limiting what we say elsewhere, we make no representations or warranties about those sites and/or services, their content or effectiveness, nor that the links work.
- DATA PROTECTION
- VOLUNTARY USE AND OUR LIABILITY
Your use of Zefyr is completely voluntary, and you agree to indemnify and hold us harmless for any damages to you or any other parties associated with you as a result of your use and/or reliance upon the data and information contained in Zefyr. It is a condition of your use of Zefyr that such use of Zefyr is at your own risk. We shall not be liable to you, or in breach of this User Agreement, for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network. Except as expressly provided in this User Agreement, we disclaim any further representations, warranties, conditions, or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions, or other terms of satisfactory quality, fitness for a particular purpose, or reasonable care and skill. With exception as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence), or otherwise arising in connection with this User Agreement or Zefyr for: (i) consequential, indirect, or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business, or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and however incurred. Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or Zefyr shall be limited to one-hundred dollars ($100.00). Notwithstanding any other provision of this User Agreement, we will be liable to you to the extent that liability arises under Part 1 or Section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.
- INTELLECTUAL PROPERTY
Zefyr, its style, structure, and the materials and information on Zefyr are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. The authors of information and reports within Zefyr assert their moral rights. Zefyr and Zefyr Inc. are registered trademarks of Zefyr.
Zefyr may terminate this User Agreement at any time and you may terminate this User Agreement upon your discontinued use of Zefyr. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision or any similar provision at a later time. Nothing in this User Agreement shall confer on a third party any benefit or right to enforce any term of the User Agreement. This User Agreement is governed by the laws of the State of Delaware, and any dispute connected with this agreement is subject to the exclusive jurisdiction of the courts of the State of Delaware.