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www.legalsquire.com
Terms and Conditions of Use
Date of Last Revision: April 2006
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE
TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the Web site of ZylTec,
Inc. ("ZylTec”), located at www.legalsquire.com (the "Site"). These Site Terms do not alter in any way the terms or conditions
of any other agreement you may have with ZylTec or its subsidiaries or affiliates for products, services or otherwise. If you
are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on
such entity's behalf, and that such entity agrees to indemnify you and ZylTec for violations of these Site Terms.
ZylTec reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or
guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon
posting of the revisions on the Site. Your continued use of this Site following the posting of such changes or modifications
will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and
applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not
agree to the amended terms, you must stop using the Site.
If you have any question or comment regarding the use of the Site, please send an e-mail to webmaster@zyltec.com.
- Privacy Policy
ZylTec believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how ZylTec collects, uses and discloses personally identifiable information from its users.
- Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation,
the ZylTec logo and all designs, the LegalSquire logo and all designs, text, graphics, pictures, information, data,
software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the
proprietary property of ZylTec or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and to electronically copy and print to hard copy portions of the Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include:
- any resale or commercial use of the Site or the Materials;
- collection and use of any product listings, pictures or descriptions;
- the distribution, public performance or public display of any Materials,
- modifying or otherwise making any derivative uses of the Site and the Materials, or any portion thereof;
- use of any data mining, robots or similar data gathering or extraction methods;
- downloading (other than the page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or
- any use of the Site or the Materials other than for its intended purpose.
Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of ZylTec, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
- Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, ZylTec has adopted a policy of terminating, in appropriate circumstances and at ZylTec's sole discretion, subscribers or account holders who are deemed to be repeat infringers. ZylTec may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Copyright Complaints
If you believe that any material on the Site infringes upon any copyright which you own or control, or that any link on the Site directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Bruce E. Dick, Perkins Coie
Full Address of Designated Agent to Which Notification Should be Sent:
The PSE Building
10885 N.E. Fourth Street, Suite 700
Bellevue, WA 98004-5579
Telephone Number of Designated Agent: 425-635-1409
Facsimile Number of Designated Agent: 425-635-2400
E-Mail Address of Designated Agent: BDick@PerkinsCoie.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
- Trademarks
ZylTec, the ZylTec logos, LegalSquire, the LegalSquire Logos and any other product or service name or slogan contained in the Site are trademarks of ZylTec and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ZylTec or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ZylTec and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and ZylTec names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
- Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray ZylTec or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult, illegal, offensive, harassing or otherwise objectionable material. This limited right may be revoked at any time. You may not use a ZylTec logo or other proprietary graphic of ZylTec to link to this Site without the express written permission of ZylTec. Further, you may not use, frame or utilize framing techniques to enclose any ZylTec trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without ZylTec's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ZylTec or any third party.
ZylTec makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of ZylTec and ZylTec is not responsible for the contents of any linked site, any link contained in a linked site or any review, changes or updates to such sites. ZylTec provides such links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by ZylTec of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
- Third Party Content
ZylTec may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. ZylTec does not monitor or have any control over any Third Party Content or third party Web sites. ZylTec does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. ZylTec does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. You use these links and Third Party Content contained therein at your own risk.
- Advertisements and Promotions
ZylTec may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than ZylTec, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ZylTec is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-ZylTec advertisers on the Site.
- Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to ZylTec, or any postings on the Site, are non-confidential and shall become the sole property of ZylTec. ZylTec shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store content, messages, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, telephone numbers, e-mail addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- Content that, in the sole judgment of ZylTec, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose ZylTec or its users to any harm or liability of any nature.
ZylTec takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is ZylTec liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, ZylTec is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although ZylTec has no obligation to screen, edit or monitor any Content posted in any Interactive Area, ZylTec reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect ZylTec's systems and customers, or to ensure the integrity and operation of ZylTec's business and systems, ZylTec may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. ZylTec's right to disclose any such information shall govern over any contrary terms of ZylTec's Privacy Policy.
If you post Content to the Site, unless we indicate otherwise, you grant ZylTec and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any media. You grant ZylTec and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
- Registration Data; Account Security
In consideration of your use of the Site, you agree to
- provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
- maintain the security of your password and identification;
- maintain and promptly update the Registration Data, and any other information you provide to ZylTec, to keep it accurate, current and complete;
- accept all risks of unauthorized access to the Registration Data and any other information you provide to ZylTec.
- Export Restrictions
Any software and all underlying information and technology downloaded or viewed from this Site (collectively the "Software or Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity or end user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of the Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked or denied your export privileges.
- Indemnification
You agree to defend, indemnify and hold harmless ZylTec, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against ZylTec and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
- Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ZYLTEC, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (COLLECTIVELY, THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZYLTEC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. ZYLTEC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
ZYLTEC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE ZYLTEC ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, ZYLTEC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, INCLUDING WITHOUT LIMITATION ITS SERVER(S), IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
ZylTec reserves the right to change and remove any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or affiliation therewith, by ZylTec.
- Limitation of Liability
IN NO EVENT SHALL ZYLTEC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM ZYLTEC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ZYLTEC'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ZYLTEC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ZYLTEC FOR ACCESS TO OR USE OF THE SITE.
- Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
- Termination
Notwithstanding any of these Site Terms, ZylTec reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
- Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
- Questions & Contact Information
Questions or comments about the Site may be directed to ZylTec at the e-mail address webmaster@zyltec.com or by calling us at 425-369-6100.
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