1. User's Acknowledgment and Acceptance of Terms
3. Copyright, Trademarks and Other Intellectual Property
4. User’s Submissions to this Website
ZYANA may offer features through this Website that enable you to post information and materials publicly (“Submissions”) on product review, survey and product testimonial pages and message boards, blogs and similar forums (collectively referred to herein as "Forums"). You agree that any Submissions you transmit to this Website will be treated as non-confidential and non-proprietary, may be made available to the general public, and may be used by ZYANA or its affiliated companies without restriction.
ZYANA reserves the right, in its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise on this Website. The Forums include the opinions, statements and other content of third parties. ZYANA is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through this Website are those of such third parties and not of ZYANA, and ZYANA does not endorse any such opinions, statements or materials. ZYANA is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute Submissions on this Website, this Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such content or activities on this Website. You may not post or otherwise distribute content to this Website which ZYANA in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of ZYANA or another party, illegal or otherwise objectionable to ZYANA. You may not upload commercial content on this Website or use this Website to solicit others to join or become members of any commercial online service or other organization.
You acknowledge and agree that ZYANA has no control over, and shall have no liability for any damages resulting from, the use (including without limitation the re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of this Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.
5. Disclaimer of Warranties
ALL INFORMATION AND DOCUMENTS PROVIDED ON THIS Website ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT OF ZYANA’S INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, ZYANA MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS OFFERED ON OR THROUGH THE THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THESE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS.
ZYANA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES MADE BY ZYANA WEBSITE USERS ABOUT ZYANA OR ITS PRODUCTS, OTHER THAN INFORMATION PROVIDED IN ZYANA'S LITERATURE OR ON THIS WEBSITE. ZYANA EXPRESSLY PROHIBITS ZYANA WEBSITE USERS FROM MAKING ANY SUCH NON-APPROVED REPRESENTATIONS OR WARRANTIES, AND ZYANA IS NOT RESPONSIBLE OR LIABLE FOR THE SAME.
6. Limitation of Liability
7. Links to or from Other Websites
Except as otherwise expressly stated by ZYANA on this Website, ZYANA is not affiliated or associated with operators of any third party websites that link to or are linked from this Website. ZYANA expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from this Website. ZYANA cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from this Website because these third party sites are owned and operated by independent entities. ZYANA does not endorse any of the products or services, nor has ZYANA taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. ZYANA makes no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
ZYANA shall have the right, at any time and at its sole discretion, to block links to this Website through technological or other means without prior notice.
9. International Use
This Website is controlled and operated by ZYANA from its offices in California. Although this Website may be accessible worldwide, ZYANA makes no representation that materials on this Website are appropriate or available for use in locations outside the United States and Canada, and accessing them from territories where their content is illegal is prohibited. If you choose to access this Website from other locations, you do so at your own risk and you are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited by law. ZYANA, in its sole discretion, may restrict the availability of this Website to any person, country or jurisdiction at any time without prior notice.
If you, as the parent or legal guardian of a user of this Website under the age of 18 (“Minor”), have agreed to allow your Minor to use this Website, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of this Website; and (c) the consequences of any use of this Website by such Minor. Pursuant to 47 U.S.C. Section 230(d) as amended, ZYANA hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the FTC On Guard Online website (https://www.consumer.ftc.gov/features/feature-0038-onguardonline). ZYANA does not endorse any of the products or services listed on these sites.
11. Special Notices
ECPA Notice: ZYANA treats email messages and other communications through this Website as private. Exceptions are those permitted by law included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits ZYANA’s limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate ZYANA’s system or to protect ZYANA’s rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where ZYANA receives information inadvertently which appears to pertain to the commission of a crime. This Website is not considered a "secure communications medium" under the ECPA.
USA Patriot Act Notice: The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. ZYANA anticipates fully complying with all its obligations, and availing itself of all its rights, under the USA Patriot Act.
12. Claims of Copyright Infringement
ZYANA respects the intellectual property of others, and ZYANA asks you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this Website infringe your copyright, you (or your agent) may send ZYANA a notice requesting that ZYANA remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send ZYANA a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent via email to info@Zyana.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
14. Applicable Law, Jurisdiction and Venue
ZYANA shall be excused from liability for non-delivery or delay in delivery of products and services available through this Website arising from any event beyond ZYANA’s reasonable control, whether or not foreseeable by ZYANA, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, act of terrorism (actual or threatened), or other causes or events beyond ZYANA’s reasonable control, whether or not similar to those which are enumerated above.
Questions or Comments
Updated and effective November 12, 2018
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