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Terms of Use. Your use
of the ZetaMicro, LLC
and or its affiliates
and subsidiaries (hereinafter
"ZetaMicro") website
(hereinafter "Website")
represents your agreement
to comply with all terms,
including notices, of
this Website. ZetaMicro
may change these terms
at any time and your
use is subject to the
changes. If you do not
accept these terms,
you are not authorized
to access and use this
Website, and you are
required to exit this
Website immediately.
Use or reproduction
of the content or materials
for any purpose not
expressly permitted
is prohibited. ZetaMicro
reserves the right,
in its sole discretion,
to terminate your access
to all or part of this
site, with or without
notice.
Disclaimer. ALL MATERIALS,
INFORMATION AND SERVICES
INCLUDED IN OR AVAILABLE
THROUGH THIS WEBSITE
ARE PROVIDED "AS IS"
AND "AS AVAILABLE" FOR
YOUR USE. ZETAMICRO
DISCLAIMS ALL WARRANTIES
OF ANY KIND, EITHER
EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES
OF MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
ZETAMICRO DOES NOT WARRANT
THAT THE CONTENT OF
THIS WEB SITE IS ACCURATE,
RELIABLE OR CORRECT;
THAT THIS WEB SITE WILL
BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED;
OR THAT THE CONTENT
IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS WEB
SITE IS SOLELY AT YOUR
RISK. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY
NOT APPLY TO YOU.
Limitation of Liability.
ZETAMICRO AND ITS SUPPLIERS
SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT
FROM THE USE OF, OR
INABILITY TO USE, THIS
SITE. THIS LIMITATION
APPLIES WHETHER THE
ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY
OR ANY OTHER BASIS,
EVEN IF ZETAMICRO HAS
BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGE. IN JURISDICTIONS
THAT DO NOT ALLOW THE
EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, LIABILITY SHALL
BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
User Conduct. You shall
not in any manner: (i)
distribute, use or make
copies of, or otherwise
duplicate any materials
contained on the Website,
except as expressly
authorized under these
Terms or authorized
by ZetaMicro; (ii) make
the Website, or any
Materials contained
on the Website, available
to any unauthorized
third party; (ii) sell,
loan, rent, lease, re-license,
sublicense, transmit,
distribute, re-distribute,
or timeshare the Website,
or create any Internet
"link" to the Website
without prior express
written authorization
from ZetaMicro, or "frame"
or "mirror" the materials
or services contained
on or accessible from
the Website on any other
server or Internet-based
device; (iii) cause
or permit the reverse
engineering, disassembly,
de-compilation of, or
any other attempt to
derive any software
comprising or available
through the Website,
except to the extent
permitted by law; or
(iv) remove, alter,
amend, or otherwise
tamper with any titles,
trademarks, copyright,
restricted rights notices,
or other proprietary
rights legend, or any
license agreement, included
or provided with the
Website. In addition,
without limitation,
You agree not to use
the Website: (a) to
harvest, collect, gather
or assemble any Materials
for other than internal,
noncommercial use; (b)
to harvest, collect,
gather or assemble information
or data regarding other
users, including e-mail
addresses, without their
consent; (c) to transmit
or post any material
or information which
is unlawful, harassing,
libelous, abusive, harassing,
tortuous, defamatory,
threatening, harmful,
abusive, libelous, invasive
of another's privacy,
vulgar, obscene or otherwise
objectionable; (d) to
transmit any material
that may infringe the
intellectual property
rights or other rights
of third parties, including
any patent, trademark,
copyright, trade secret,
or right of publicity;
(d) to transmit any
material that contains
software viruses or
other harmful or deleterious
computer code, files
or programs such as
Trojan horses, worms,
time bombs, cancel-bots;
(e) to interfere with
or disrupt servers or
networks connected to
the Website, or violate
the regulations, policies
or procedures of such
networks; (f) to attempt
to gain unauthorized
access to the Website,
other accounts, computer
systems or networks
connected to the Website,
through password mining
or any other means;
or (g) to harass or
interfere with another
user's use and enjoyment
of the Website.
IF YOU ARE ENTERING
THIS AGREEMENT ON BEHALF
OF A CORPORATION OR
OTHER LEGAL ENTITY,
OR ACCESSING OR USING
THIS WEBSITE AS PART
OF YOUR DUTIES AS AN
EMPLOYEE OF A CORPORATION
OR OTHER LEGAL ENTITY,
YOU HEREBY REPRESENT
AND WARRANT TO ZETAMICRO
THAT YOU ARE AUTHORIZED
TO ACT ON BEHALF OF
SUCH CORPORATION OR
LEGAL ENTITY AND TO
BIND THE SAME TO THESE
TERMS AND ALL OBLIGATIONS
ARISING HEREUNDER. ALL
RIGHTS AND LICENSES
GRANTED HEREUNDER ARE
PERSONAL TO YOU AND
SHALL NOT INCLUDE ANY
RIGHT TO GRANT SUBLICENSES
TO ANY THIRD PARTY EXCEPT
AS EXPRESSLY SET FORTH
HEREIN.
Links to Other Materials.
Any linked sites contained
herein are not under
the control of ZetaMicro
and ZetaMicro is not
responsible for the
contents of any linked
site or any link contained
in a linked site. ZetaMicro
reserves the right to
terminate any links
or linking program at
any time. ZetaMicro
does not endorse companies
or products to which
it links and reserves
the right to note as
such on its web pages.
If you decide to access
any third party sites
linked to this web Website,
you do this entirety
at your own risk.
Applicable Laws and
Export Control. ZetaMicro
controls and operates
this Website from its
location in the United
States. All content
and materials of this
Website are protected
by copyrights, trademarks
or other proprietary
rights of ZetaMicro
or their respective
owners as well as under
any applicable laws
and United States Government
export control regulations.
These terms of use shall
be governed by and construed
in accordance with the
laws of the State of
California, excluding
its conflicts of law
rules. You expressly
agree that the exclusive
jurisdiction for any
claim or action arising
out of or relating to
these Terms of Use or
your use of this Website
shall be filed only
in the state or federal
courts located in the
State of California,
and you further agree
and submit to the exercise
of personal jurisdiction
of such courts for the
purpose of litigating
any such claim or action.
ZetaMicro makes no representation
that materials on this
Website are appropriate
or available for use
in locations outside
the United States, and
accessing them from
territories where their
contents are illegal
is prohibited. Those
who choose to access
this Website from outside
the United States do
so on their own initiative
and are responsible
for compliance with
applicable local laws.
You may not use or export
any material within
this Website in violation
of the U.S. Department
of Commerce Export Administration
Regulations or other
requirements of the
U.S. Government regulating
the export of such information.
You agree that (i) you
are not listed on the
US Commerce Departments
Table of Denial Orders,
or otherwise denied
the privilege of participating
in transactions involving
the export of US origin
products and services;
(ii) you are not located
in a country that is
subject to embargo by
the United States (currently
Cuba, Iran, Iraq, Libya,
North Korea, Sudan,
Syria or the Taliban
Occupied Part of Afghanistan);
(iii) You are not engaged,
directly or indirectly,
in the design, development,
production, stockpiling
or use of nuclear, chemical
or biological weapons
or missiles: and (iv)
you shall not knowingly
export or re-export,
(as defined in Part
779 of the Export Administration
Regulations) directly
or indirectly, to any
country any of the information
contained herein without
first having obtained
all necessary approvals
thereof.
U.S. Government Restricted
Rights. If the right
to use this Website
is acquired under the
terms of: (i) a Department
of Defense contract:
the Government's rights
to use, modify, reproduce,
release, perform, display
or disclose the Website
or accompanying documentation
are subject to the terms
and restrictions set
forth herein pursuant
to 48 CFR 252.227.7202-3
or its successor; (ii)
a Civilian agency contract:
the Government's rights
to use, modify, reproduce,
release or disclose
the Website or accompanying
documentation are subject
to the restrictions
of paragraphs (a) through
(d) of the Commercial
Computer Software -
Restricted Rights clause
at 48 CFR 52.227-19
or its successor.
REFUND/CANCELLATION
POLICY. You may return
or exchange any item
returned within 30 days.
For services labored
or custom web site work,
no refund shall be given
once work has been initiated.
Turn-key web sites have
recurring monthly charges.
Turn-key web sites do
not have contracts so
can be canceled at any
time before next scheduled
payment is to be made
to stop service, no
refunds can be made
on already paid subscriptions.
All transactions are
in USD (United States
Dollar), also any refunds
would be refunded back
the same currency. Credit
card charges will appear
as "ZETAMICRO LLC".
USE OF ZETAMICRO PRODUCTS
IN MEDICAL AND AIRCRAFT
OR OTHER TRANSPORTATION
SYSTEMS. ZetaMicro Products
are not authorized for
use in, or in connection
with Surgical implants,
or as critical components
in any medical, or aircraft,
or other transportation
devices or systems where
failure to perform can
reasonably be expected
to cause significant
injury to the user,
without the express
written approval of
an Executive Officer
of ZetaMicro. Such use
is at Buyer's sole risk,
and Buyer is responsible
for verification and
validation of the suitability
of Products incorporated
in any such devices
or systems. Buyer agrees
that ZetaMicro is not
liable, in whole or
in part, for any claim
or damage arising from
such use and shall have
no obligation to warranty
such Products. Buyer
agrees to indemnify,
defend and hold ZetaMicro
harmless from and against
any and all claims,
damages losses, costs,
expenses and liabilities
arising out of or in
connection with Buyer's
use of ZetaMicro Products
in such applications
to the extent Buyer
has not obtained the
express written approval
of an Executive Officer
of ZetaMicro.
COMPLIANCE WITH U.S.
EXPORT REGULATIONS.
ZetaMicro Products (including
samples/demos) are subject
to the export control
laws and regulations
of the United States
and to the laws and
regulations of the country
in which the Products
are received. Products
may not be sold, leased
or otherwise transferred
to restricted end-users
or countries. Buyer
hereby agrees to comply
with all applicable
export control laws
and regulations and
will not use or export
ZetaMicro Products,
directly or indirectly,
in violation of these
laws.
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