Zefyr User Agreement
This Zefyr User Agreement (“User Agreement”) supplements Zefyr’s Terms and Conditions which remain in full force and effect for any and all use of the Zefyr platform.
2. 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.
3. Use of Zefyr. Zefyr is designed for your personal and non-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 firstname.lastname@example.org.
4. 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.
5. Links. Zefyr includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work.
7. 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 that your 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.
7. 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.
8. Miscellaneous. Either of us may terminate this User Agreement at any time. 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.