1. Intellectual Property Rights/Limited License
You may not reproduce, retransmit, disseminate, sell, publish, broadcast, the Content without the express written consent of Zahner or its licensors.
3. Notices of Restrictions on Your Use
The Services contain copyrighted material, trade secrets, and other proprietary material. You may not and you agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Services.
You shall not, and shall not allow anyone to (a) circumvent any security feature of the Services, or (b) disclose, publish, broadcast, sell, or otherwise redistribute the Services. You shall maintain the confidentiality and security of any password, account, and other identification information provided with respect to the Services and to not provide it to any other person or entity. You shall be responsible for all use of, and activities that occur under, your password(s), account, and other identification information and for any actions that take place through its access to the Services (whether conducted by you or another). You agree that when using the Services, you will not:
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or mobile device;
- Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded;
- Impersonate another person or entity or use any fake name or identity;
- Allow any other person or entity to use your identification for posting or viewing comments;
- Restrict or inhibit any other user from using and enjoying the Services;
- Harvest or otherwise collect information about others without their prior, express, and written consent; or
- Violate any applicable laws, rules, or regulations or rights, including intellectual property, privacy, or publicity rights.
The Content belongs to Zahner, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws. Content provided by third-parties is used in the Services with the permission of such third-parties.
You may download, print and store selected portions of the Content, provided that you (1) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a website; and (2) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading. Zahner reserves complete title and full intellectual property rights in any Content you copy or download from the Services.
4. Export Control
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.
You acknowledge and agree that the Content constitutes valuable and confidential proprietary information and intellectual property of Zahner, that is protected under civil and criminal law and under the laws of patent, copyright and trade secret, and, except as expressly provided herein, shall not be disclosed in any form by you to any unauthorized third party. The Content shall be deemed to be Confidential Information of Zahner.
To the extent required by applicable law or by lawful order or requirement of a court or governmental authority having competent jurisdiction over you, you may disclose Confidential Information in accordance with such law or order or requirement, subject to the following conditions: as soon as possible after becoming aware of such law, order or requirement and prior to disclosing Confidential Information pursuant thereto, you will notify Zahner in writing and, if possible, you will provide Zahner notice not less than five (5) business days prior to the required disclosure. You will cooperate with and provide assistance to Zahner regarding such measures. Notwithstanding any such compelled disclosure by you, such compelled disclosure will not otherwise affect your obligations hereunder with respect to Confidential Information so disclosed.
6. Disclaimer of Warranties
By agreeing to grant you access, Zahner does not obligate itself to do so or to maintain the Services, or to maintain the Services in the present form, and Zahner expressly reserves the right to modify, suspend or terminate your access privileges. You agree and understand that Zahner may, in its sole discretion and without any prior notice, terminate the Services or deny you access and delete any files which you may maintain and any information which you may choose to post or submit to the Services.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS." YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, AND THE CONTENT. ZAHNER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES OR THE CONTENT. ZAHNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SERVICES, OR THE CONTENT (INCLUDING THIRD PARTY INFORMATION).
ZAHNER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SERVICES OR THE CONTENT (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT PROVIDED BY THE SERVICES.
ZAHNER DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. ZAHNER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED BY THE SERVICES, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
7. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ZAHNER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, OR THE CONTENT (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (V) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICES, EVEN IF ZAHNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ZAHNER’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
Zahner may collect any information submitted by you through the Services and provide the collected information to any entity that Zahner in its sole discretion determines necessary. You hereby grant Zahner an irrevocable, non-exclusive, worldwide, perpetual, and royalty-free license to possess, use, disclose, compile publish, modify, display, distribute and prepare derivative works of information provided by you and collected through the Services.
Despite Zahner’s efforts to ensure that Content is accurately input into the Services, such Content may nevertheless contain errors and omissions. Accordingly, Zahner disclaims the accuracy and completeness of all Content and you hereby expressly agree to hold Zahner harmless from any and all claims, losses or damages resulting from any such errors and omissions.
You must provide at your own expense the equipment, internet connections or mobile devices and/or service plans to access and use the Services at your cost.
11. DMCA Contact
Zahner supports the rights of copyright owners. Any notification of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Sec. 512, should be submitted to:
A. Zahner Company
Attn: Rick Maner
1400 East 9th Street
Kansas City, MO 64106
12. General Provisions
(c) Correction of Errors and Inaccuracies. The information in the Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. Zahner therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Zahner does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
(f) Force Majeure. Neither party shall be liable for damage due to any cause beyond its control, including, without limitation, acts of God, acts of civil or military authority, labor disputes, failure or delay of suppliers or systems, including communications and power systems, fire, sabotage, war, embargo or acts or omissions of the other party caused by any of such events.
A. Zahner Company
The Site. Zahner enables users to access information on the site, including information regarding design, products, and services, and to utilize other services and features of the site.
In its operation of the Site, and its provision of its services and features to users, Zahner may collect, use, and retain information, including Personal Information and other data that you disclose when you use register to use certain features of the site, as well as other data that may be collected after your registration, such as through utilizing services and features of the Site.
Collection of Personal Information. If you register to access certain features of the Site, you may be required to provide certain Personal Information, including your name, email address, date of birth, and other information.
You also may have other opportunities to voluntarily provide Personal Information if you contact us to provide feedback or request support we collect your email address and other Personal Information that you provide.
Passive Data Collection. Zahner, like other website operators, automatically collects and stores information on our server logs from your browser when you use the Site. Zahner may use a variety of methods to collect this information. The information that Zahner collects with these automated methods may include, for example, your IP address, cookie information, a unique device or user ID, browser type, system type, the content and pages that you access on the Site, and the "referring URL" (i.e., the page from which you navigated to the Site).
Websites visited before visiting the Site might place Personal Information within the URL of your browser during a visit to that previous website. Zahner may unintentionally collect that information as part of referring URL information that it collects.
Use of Personal Information. We may use Personal Information to operate, provide, improve, and maintain the Site; to develop new products and services; to prevent abusive and fraudulent use of the Site; to send you administrative messages, content, and other services and features in which we believe you may be interested; and for other administrative and internal business purposes.
Zahner may provide Personal Information to third parties for their use in performing internal business functions (e.g., payment processing, maintenance, security, data analysis, or data hosting) on our behalf.
Zahner may disclose Personal Information if, in good faith, it is believed that doing so is required by a subpoena or other judicial or administrative order or otherwise required by law. Additionally, Zahner may disclose Personal Information if, in good faith, we deem it appropriate or necessary to prevent violation of the Zahner Terms and Conditions of Use or our other agreements; take precautions against liability; protect the rights, property, or safety of Zahner, any individual, or the general public; maintain and protect the security and integrity of our services or infrastructure; protect ourselves and our services from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims or allegations; or assist government enforcement agencies.
Change of Ownership. In the event of a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all of your Personal Information, including email addresses, to that entity.
Security. We use industry standard security measures to protect against the loss, misuse, and alteration of Personal Information under our control. Although we make good faith efforts to maintain the security of such Personal Information, we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or alteration. Further, we cannot guarantee that our security measures will prevent unauthorized persons from illegally accessing or obtaining this information. We do not assume any liability to third parties whose information you post or transmit in any form. Please keep your password secure.
If we become aware of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Site or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site.