SCOPE:
These
Legal Terms and Conditions apply to the entire Zeza Inc. web site and all
portions of the site contained therein. These Legal Terms and Conditions shall
apply to any future portions of the Zeza Inc. Web site unless otherwise stated.
USE
OF THIS WEB SITE:
Use
of this Web site and access to the material it contains is subject to the
following Legal Terms and Conditions as well as to applicable laws. Your access
to and browsing of this Web site constitutes your full acceptance of these
Legal Terms and Conditions. We reserve the right, at our sole discretion, to
update or revise these Legal Terms and Conditions. Please check the Legal Terms
and Conditions periodically for changes. Your continued use of this site
following the posting of any changes to the Legal Terms and Conditions
constitutes acceptance of those changes.
NO
UNLAWFUL OR PROHIBITED USE:
As
a condition of your use of this Web site, you will not use the Web site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Web site in any manner that could damage, disable,
overburden, or impair any Zeza Inc. server or the network(s) connected to any
Zeza Inc. server, or interfere with any other party's use and enjoyment of the
Web site. You may not attempt to gain unauthorized access to any computer
systems or networks connected to any Zeza Inc. server or other systems, through
hacking, password mining or any other means. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available through the Web site. Zeza Inc. makes no representation that the Web
site is appropriate or available for use in locations outside the United
States, and accessing the Web site from territories where such content is
illegal is prohibited. Those who choose to access this Web site from locations
outside the United States do so at their own initiative and are responsible for
compliance with all applicable laws.
SECURITY:
You
are responsible for maintaining the confidentiality of your logon information,
and are fully responsible for all activities that occur under your password or
user name. You agree (a) to immediately notify Zeza Inc. of any unauthorized
use of your password or user name or any other breach of security, and (b) to
ensure that you exit from your account at the end of each session.
PROPRIETARY
RIGHTS:
COPYRIGHTS:
Zeza is the owner of all
copyrights in and to the content on this Web site, including without
limitation, (i) all materials, documentation, text, data, graphics, graphs,
charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and
interfaces contained on this Web site; and (ii) the design, selection and
arrangement of this Web site. All rights reserved.
Unless otherwise
specified, you are granted a personal, non-exclusive, non-transferable, limited
right to access, use, and display this Web site and the materials provided
hereon for the purpose of obtaining and reviewing your account information.
Specifically, you are granted permission to view or download a single copy of
the material on the Web site solely to access our services, place orders, and
review your account information. When content is downloaded to your computer,
you do not obtain any ownership interest in such content, any modifications of
the content, or any use of the content for any other purpose than that
expressly permitted herein. Ownership of all such content shall at all times
remain with Zeza Inc. Zeza Inc. reserves all rights not expressly granted to
you. Use of the copyrightable material on this Web site for any purpose not
expressly authorized herein without the prior written permission of Zeza Inc.
is forbidden.
TRADEMARKS:
All trademarks, service
marks, trade names, logos, and other designations (collectively the
"Marks") are the sole property of Zeza Inc, VeriSign, Inc., or other
third parties that have granted Zeza Inc. the right and license to use such
Marks. Nothing contained on this Web site should be construed as granting any
license or right to use any such Marks without the written permission of Zeza
Inc. or such third party that may own the Marks displayed.
YOUR
INFORMATION:
We reserve the right,
and you authorize us, to use and freely assign all information regarding the
use of this Web site by you and all information provided by you in any manner
consistent with our Privacy Statement.
TYPOGRAPHICAL
OR OTHER ERRORS:
While
Zeza Inc. takes reasonable care and skill to provide information that is
accurate and up to date when first included on the Web site, typographical and
other errors may nevertheless occur. Zeza Inc. does not undertake to update or
correct such information and reserves the right to modify, delete and rearrange
any or all of the contents of this Web site at any time without notice to you.
While Zeza Inc. makes reasonable efforts to prevent unauthorized tampering with
the Web site, Zeza Inc. does not guarantee that its efforts will always be
successful. Therefore, as set below, Zeza Inc. does not warranty that the Web
site materials will be error-free, and disclaims any liability for such errors.
DISCLAIMER
OF WARRANTIES:
ZEZA
INC. MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF
THE WEB SITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE
USE OF THIS WEB SITE. ZEZA INC. PERIODICALLY AMENDS, CHANGES, ADDS, DELETES,
UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE LEGAL
TERMS AND CONDITIONS, AT THE WEB SITE WITHOUT NOTICE. FURTHER, ZEZA INC.
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE
CONTENT OF THE WEB SITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE
USE OF THIS WEB SITE. ZEZA INC. SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE
INFORMATION ON THE WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION
LOCATED ON THIS SITE.
ALL
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS
IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
Zeza
Inc. makes no representation that the Web site or its contents are appropriate
for use in every country of the world. Your use of this Web site is at your own
risk and you are responsible for compliance with applicable local laws, keeping
in mind that access to the Web site may not be legal by certain persons or in
certain jurisdictions.
Some
states or nations may not allow the disclaimer of certain warranties, so the
above limitations may not apply to you in all cases.
LIMITATION
OF LIABILITY:
Use
of the Zeza Inc. Web site or any software application installed by you in
connection with the use of this Web site, is at your sole risk. While Zeza Inc.
makes reasonable efforts to ensure the safety and functionality of our Web site
and any software applications associated with its Web site, these efforts may
fail and errors may occur. IN NO EVENT SHALL ZEZA INC. OR ANY OTHER PARTY
INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR
ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF
ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS
OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS
WEB SITE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE
APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS'
INABILITY TO USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB
SITE), ON ANY THEORY OF LIABILITY. ZEZA INC. WILL NOT BE LIABLE OR RESPONSIBLE
FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF
THIS SITE. THESE WAIVERS APPLY EVEN IF ZEZA INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ZEZA INC’S LIABILITY TO YOU FOR
ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF
ANY, PAID BY YOU TO HENRY SCHEIN FOR ACCESSING THIS WEB SITE OR INSTALLING ANY
SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE. OUR MAXIMUM LIABILITY TO
YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY
FOR THE GOODS.
THE
FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL
TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow
the exclusion of liability for consequential damages, so the above limitations
may not apply to you in all cases.
FORWARD
LOOKING STATEMENTS:
THE
CONTENT TOGETHER WITH ANY DOCUMENTS ISSUED BY ZEZA INC. MAY CONTAIN
FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES
LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF
PLACES IN THE SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING
TERMINOLOGY SUCH AS "MAY," "COULD," "EXPECT,"
"ANTICIPATE," "INTEND," "BELIEVE,"
"PLAN," "ESTIMATE," "FORECAST,"
"PROJECT," OR OTHER COMPARABLE TERMS OR THE NEGATIVE THEREOF. THE
COMPANY PROVIDES THE FOLLOWING CAUTIONARY REMARKS REGARDING IMPORTANT FACTORS
WHICH, AMONG OTHERS, COULD CAUSE FUTURE RESULTS TO DIFFER MATERIALLY FROM THE
FORWARD-LOOKING STATEMENTS, EXPECTATIONS AND ASSUMPTIONS EXPRESSED OR IMPLIED
HEREIN. THE FORWARD-LOOKING STATEMENTS INCLUDED HEREIN ARE BASED ON
THEN-CURRENT EXPECTATIONS OF MANAGEMENT. ALL FORWARD-LOOKING STATEMENTS MADE BY
US ARE SUBJECT TO RISKS AND UNCERTAINTIES AND ARE NOT GUARANTIES OF FUTURE
PERFORMANCE. FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN FACTORS,
RISKS AND UNCERTAINTIES THAT MAY CAUSE OUR ACTUAL RESULTS, PERFORMANCE AND
ACHIEVEMENTS, OR INDUSTRY RESULTS, TO BE MATERIALLY DIFFERENT FROM ANY FUTURE
RESULTS, PERFORMANCE, OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH
FORWARD-LOOKING STATEMENTS. THOSE FACTORS, RISKS AND UNCERTAINTIES INCLUDE, BUT
ARE NOT LIMITED TO, THE FACTORS DESCRIBED UNDER "RISK FACTORS"
DISCUSSED IN OUR PERIODIC FILINGS MADE WITH THE SECURITIES AND EXCHANGE
COMMISSION. THE COMPANY CAUTIONS THAT THESE FACTORS MAY NOT BE EXHAUSTIVE AND
THAT MANY OF THESE FACTORS ARE BEYOND THE COMPANY'S ABILITY TO CONTROL OR
PREDICT. ACCORDINGLY, FORWARD-LOOKING STATEMENTS SHOULD NOT BE RELIED UPON AS A
PREDICTION OF ACTUAL RESULTS. THE COMPANY UNDERTAKES NO DUTY AND HAS NO
OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS.
INDEMNIFICATION
BY USER:
You
agree to defend, indemnify, and hold harmless Zeza Inc. and its affiliates,
parents, subsidiaries, and their respective employees, agents, contractors,
officers, directors, successors and assigns from all liabilities, claims,
damages and expenses, including without limitation attorneys' fees and costs,
that arise from your use, misuse of this site or use of any software
application associated with the use of this Web site.
TERMINATION:
Zeza
Inc. shall have the right immediately to terminate this agreement with you and
your use of the Web site if it determines in its sole discretion that you have
breached any of these Legal Terms and Conditions or otherwise been engaged in
conduct which Zeza Inc. determines in its sole discretion to be unacceptable.
CHOICE
OF LAW AND FORUM:
These
Legal Terms and Conditions shall be governed by and construed in accordance
with the laws of the state of Florida, without regard to such state's rules
regarding conflicts of laws. By accessing this Web site, you agree that courts
located in Florida or in the counties within those federal judicial districts
shall have exclusive jurisdiction over all claims and actions arising out of or
relating to these Legal Terms and Conditions and/or your use of this site, and
you further agree and submit to the exercise of personal jurisdiction of such
courts and consent to extra-territorial service of process for the purpose of
litigating any such claim or action.
RECORDS:
A
printed version of these Legal Terms and Conditions and of any notice given in
electronic form will be admissible in judicial or administrative proceedings
relating to these Legal Terms and Conditions to the same extent and subject to
the same conditions as other business documents originally generated and
maintained in printed form. For purposes of any dispute, Zeza Inc.’s records
shall be conclusive in all respects.
INTEGRATION
AND SEVERABILITY:
These
Legal Terms and Conditions constitute the entire agreement between you and Zeza
Inc. with respect to this Web site and supersede all prior or contemporaneous
communications and proposals (whether oral, written, or electronic) between you
and Zeza Inc. with respect to this site. If any part of these Legal Terms and
Conditions is held invalid or unenforceable, that portion shall be construed in
a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in
full force and effect.
