1. Ownership of the Information, Materials and Software of the Website
© 2003 Zaino. All Rights Reserved.
You expressly acknowledge and agree that the website contains information, text, software, photos, video, graphics, music, sounds and other materials (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the owners and creators of ZainoStore.com.
2. Use of the Information and Materials of the Website
The license granted herein is nonexclusive, personal to you and nontransferable.
2.1. Except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of the owners and creators of ZainoStore.com and any other owner of the Intellectual Property Rights in such Materials.
2.2. All copyrights and copyrightable materials which are a part of ZainoStore.com including, without limitation, the ZainoTM logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT © 2003 Zaino. ALL RIGHTS RESERVED.
2.3. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Inflexxion or the respective copyright owner. Software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
2.4. Zaino™, Zaino™, the Zaino™ logo, graphics, and icons in the software are trademarks, service marks, trade dress, and/or registered trademarks of Zaino, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zaino.
2.5. Permission is granted to display and download contents of ZainoStore.com for personal, non-commercial and informational use only; provided that you may not, without the permission of Zaino or the respective copyright owner, alter the Contents to display the Contents without the Zaino Copyright notice and these Intellectual Property Guidelines. Any unauthorized use of intellectual property will terminate the user's subscription and violate applicable law. All violations will be prosecuted and all infringing parties will be pursued to the full extent of the law. If you wish to request permission to reproduce Materials from the website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, contact the owners and creators of ZainoStore.com
3. This Agreement and Changes to It
3.2. This Agreement is the entire agreement between the owners and creators of ZainoStore.com and you with respect to the website. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If the owners and creators of ZainoStore.com waive or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or Zaino conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.
4. Changes to Website
The owners and creators of ZainoStore.com may change or discontinue any portion, feature or content of the website at any time with or without notice to you. Likewise, the owners and creators of ZainoStore.com may at any time, with or without notice to you, restrict the use and accessibility of the website as well as limit the duration and amount of use made of the website.
5. Your Other Responsibilities Concerning Use of the Website
5.1. The User is responsible for complying with all terms and conditions of this Agreement, as modified from time to time, and with any other rules and regulations of which the owners and creators of ZainoStore.com gives you notice. You are also responsible, and the owners and creators of ZainoStore.com have no obligation, for obtaining and using all computer hardware and software required for your access to and use of the website and for any charges incurred for your own access to the website through any Internet access provider or other third party website.
5.2. User shall remain solely responsible for all Content posted or transmitted by the User. User hereby agrees:
6. Termination of this Agreement
The owners and creators of ZainoStore.com may, in their sole and absolute discretion, and with or without notice, suspend your access to all or any part of the website, or terminate this Agreement and thus your rights to use the website, for any conduct or use (whether by you or anyone else having access under your User ID(s) and Password(s)) that the owners and creators of ZainoStore.com believe is a violation of this Agreement or for any other conduct or use that the owners and creators of ZainoStore.com believes is harmful to other Users, ZainoStore.com's content providers, or to the website or the interests of the owners and creators of ZainoStore.com.
7. Disclaimer of Warranties
7.1. THE WEBSITE AND ALL INFORMATION, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE. ZAINO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7.2. You expressly agree that your use of the website is at your sole risk. The owners and creators of ZainoStore.com do not warrant that the website will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the website, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the website. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of Zain.com, employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of ZainoStore.com for any purpose or give rise to any liability of ZainoStore.com whatsoever, and you agree that you will not rely on any such statement, information or advice.
7.3. Where the owners and creators of ZainoStore.com are a distributor, rather than a publisher, of Materials accessible through the website, the owners and creators of ZainoStore.com exercise no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of ZainoStore.com or its content providers or licensors. Neither the owners nor creators of ZainoStore.com nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
8. Limitation of Liability
8.1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ZAINOSTORE.COM OR ZAINO, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF ZAINO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES ZAINO LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8.2. If, notwithstanding the foregoing, the owners and creators of ZainoStore.com were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of the owners and creators of ZainoStore.com and the parties described in the next sentence (ZainoStore.com's "Related Parties") exceed, either jointly or severally, the aggregate dollar amount paid by you to the owners and creators of ZainoStore.com in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of the owners and creators of Zaino directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the website, and each shall have the right to assert and enforce the provisions directly on their own behalf.
8.3. The resources on other sites that can be accessed with hypertext links from ZainoStore.com are not maintained by Zaino, and Zaino is not responsible for the availability or accuracy or such sites or resources, or the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Inflexxion endorses the linked site. Such sites may be governed by legal notices and privacy policies, which differ from those of this Site.
9. Registration and Security
As part of the registration process, users will select and password and a User ID. You will also be required to provide certain registration information, all of which must be accurate and updated. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to exit from your account at the end of each session. You may not select or use a User ID of another person with the intent to impersonate that person, use a User ID in which another person has rights without such person's authorization; or use of a User ID that the Site, in its sole discretion, deems offensive. Failure to comply with these requirements shall constitute a breach of this Agreement, which may result in immediate termination of your account. Users shall notify of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security.
10. Indemnification by You
You agree to defend, indemnify and hold harmless the owners and creators of ZainoStore.com and its Related Parties from any claims and expenses, including reasonable attorney's fees, related to any violation of this Agreement by your use of the website, or in connection with the placement or transmission by you of any material on the website except as expressly authorized in this Agreement.
The owners and creators of ZainoStore.com may give notice to you by electronic mail, by a posting on the website, or by conventional mail. Notice by the owners and creators of ZainoStore.com shall be effective on the date that the owners and creators of ZainoStore.com make a good faith effort to reach you. You shall give notice to the owners and creators of ZainoStore.com as stated below. Notice by you shall be effective on the date that the owners and creators of ZainoStore.com actually receive the notice.
4057 Hwy 9 N. #106
Howell, NJ 07731
12. Demographic Information
By using the website, you are agreeing that the owners and creators of ZainoStore.com may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and creators of ZainoStore.com
13.1. This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone. This Agreement, your and the owners and creators of ZainoStore.com's rights and obligations, and any disputes or disagreements regarding the website will be governed by the laws of the U.S. and the State of New Jersey. Any and all actions, disputes or controversies relating to the Agreement or the website will be decided by the courts of the State of New Jersey and the U.S. located in New Jersey, and you consent to the jurisdiction and venue of those courts.
13.2. In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
13.3. You acknowledge that the owners and creators of ZainoStore.com will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Materials or the website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that the owners and creators of ZainoStore.com shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the website.
13.4. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.
13.5. The section numbers and titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Titles and headings in no way define, limit, construe or describe the scope or extent or such section.