This Terms and Conditions for Use of http://www.zayconfresh.com website, is a legal agreement between you and zayconfresh.com , a LLC incorporated in Washington, (hereinafter referred to as 'zayconfresh.com', 'Our', 'Us', 'We', ‘Zaycon Fresh’) providing, among other things, the terms and conditions for your use of subscription services, primarily a web based Customer Referral Campaign management software hosted and managed remotely (the 'Services' or 'Website services') through the website located at www.zayconfresh.com (the 'Website', 'Site', 'zayconfresh' and ‘Zaycon Fresh’). The site www.zayconfresh.com is owned and operated by Zaycon Fresh, LLC.
Read the Terms and Conditions carefully. Your use of services on the Website means you are consenting to these Terms and Conditions. You may archive the copy of this Agreement for your records. These Terms and Conditions may be modified from time to time by the sole discretion of Zaycon Fresh, and you may not be notified. It is your responsibility to review these Terms and Conditions from time to time. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Website services after any amendments are posted on the Website. We reserve the right to include additional terms and conditions if we were to provide additional services or programs. You shall be bound by the same on your participation in such services or programs.
You represent that you have read and understood, and that you agree to be bound by this Agreement. The Website services are available to legal entities or individuals aged 18 years or older. By using the website, you represent that you are at least 18 years old.
To use the Website services, you will have to be registered and provide your:
You are solely responsible for the confidentiality of any password and other account information that you create in order to access or use the Services. You agree to notify us immediately on any unauthorized use of your account, user name, or password. You also agree that We are not liable in any manner for any loss that you may incur as a result of any third party using your password, either with or without your knowledge. You are solely liable for any losses incurred by Us, Our affiliates, officers, directors, employees, consultants, agents, and representatives due to misuse of your account or password. The login to your account shall be used by one person. Multiple people are not permitted to share the same or a single login.
Zaycon Fresh grants you a limited license to access and, if you are a Member, to use this Website only as per this Agreement. You must not sell, copy, reproduce, modify, distribute, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Website in anyway other than those listed in this Agreement, including for any public or commercial purposes. You must not use any content of this Website on any other website or in a networked computer environment for any purpose other than your own viewing. You shall not reverse engineer or attempt to interfere with the operation of any part of this Website.
Zaycon Fresh retains all its rights, title and interest in all copyrights, know-how, trade secrets, trademark, logo, the name Zaycon Fresh, content, design and features on the Website. All other product names, marks, logos, symbols used on the Website may be the trademarks of their respective owners. The ownership of the data vests with the Authorized Users.
Our Site may be linked to the website of third parties, affiliates and business partners. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality for such websites or made available by / through our Website. Inclusion of any link on our Website does not imply that we endorse the linked site. You use the links and these services at your own risk.
All Users agree to adhere to the below code of conduct.
6.1 While using the Website, software and/or Services, you agree not to:
a) Restrict or inhibit any other visitor or member from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
c) Express or imply that any statements you make are endorsed by us;
6.2 While using the Website, software and/or Services, you agree not to Transmit:
a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights;
b) any material, non-public information about companies without the authorization to do so;
c) any trade secret of any third party; or any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication
d) except as otherwise expressly permitted by us), or engage in spamming or flooding;
e) any job posting involving any franchise, club membership, distributorship or sales representative agency arrangement or other business opportunity.
f) Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
6.3 While using the Website, software and/or Services, you agree not to Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or software; including:
g) Remove any copyright, trademark, or other proprietary rights notices contained in the Website;
h) "Frame" or "mirror" any part of the Website without our prior written authorization; Link to any page of or material on the Website other than the URL located at www.Zayconfresh.com ;
i) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
j) Harvest or collect information about Website visitors or members without their express consent.
The Services provided by zayconfresh.com or any of our licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Website by any third party.
The Users are solely responsible for compliance to all applicable laws, including customer history, confidential information and privacy laws. Zayconfresh.com is a facilitator for Customer Referral Campaign management and provides technology platform. Zayconfresh.com is in no way responsible, liable, accountable for customer information available on the website provided by Zaycon Fresh.
You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Website, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
You can terminate your Membership with us at any time by providing a 30-day prior written notice to firstname.lastname@example.org. We need this period to inactivate your Account, only after verifying if there are any ongoing or pending Services or payments. We may want you to continue until the completion of an on-going Service should the situation warrant.
10.1 Zaycon Fresh reserves the right to terminate any account:
a) In cases you breach any terms and conditions of this Agreement;
b) We are unable to verify or authenticate any information you provide to us; or
c) We believe in our sole discretion that your actions may cause legal liability for you, our Users or for Zaycon Fresh or are contrary to the interests of the Website. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Website under the same Account, a different Account or re- register under a new Account. On termination of your Account due to the reasons mentioned herein, you shall no longer have access to data, messages, files and other material you keep on the Website. Please ensure that you have continuous backup of the Services you have rendered in order to comply with your record keeping process and practices.
d) Return of Your Data. Upon request by You made within 30-days after the effective date of termination of a Services subscription, We will make available to you for download a file of your Data in comma separated value (.csv) format.
e) After such 30-day period, We shall have no obligation to maintain or provide any of your Data and shall thereafter, unless legally prohibited, delete all of your data in Our systems or otherwise in Our possession or under Our control.
f) In the event we suspend or terminate your registration or Account, we reserve the right but not an obligation to:
Zaycon Fresh communicates with you through the email address you have provided us. It is your responsibility to keep your email address and snail mail address update at all times. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. If you fail to respond to an email message regarding violation, dispute or complaint within two business days, we reserve the right to terminate or suspend your Account. All notices to us intended to have a legal effect must be in writing and delivered to the following address: Zaycon Fresh, 16201 E Indiana Ave, Ste #2150, Spokane Valley, WA 99216.
If any provision of this Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.