Terms of Use. Your use of the
ZMD Technologies, LLC and or
its affiliates and subsidiaries
(hereinafter "ZMD Technologies")
website (hereinafter "Website")
represents your agreement to
comply with all terms, including
notices, of this Website. ZMD
Technologies may change these
terms at any time and your use
is subject to the changes. If
you do not accept these terms,
you are not authorized to access
and use this Website, and you
are required to exit this Website
immediately. Use or reproduction
of the content or materials
for any purpose not expressly
permitted is prohibited. ZMD
Technologies reserves the right,
in its sole discretion, to terminate
your access to all or part of
this site, with or without notice.
Disclaimer. ALL MATERIALS, INFORMATION
AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS WEBSITE
ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. ZMD
TECHNOLOGIES DISCLAIMS ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. ZMD TECHNOLOGIES
DOES NOT WARRANT THAT THE CONTENT
OF THIS WEB SITE IS ACCURATE,
RELIABLE OR CORRECT; THAT THIS
WEB SITE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOUR USE
OF THIS WEB SITE IS SOLELY AT
YOUR RISK. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE
EXCLUSIONS MAY NOT APPLY TO
YOU.
Limitation of Liability. ZMD
TECHNOLOGIES AND ITS SUPPLIERS
SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE
USE OF, OR INABILITY TO USE,
THIS SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY
OR ANY OTHER BASIS, EVEN IF
ZMD TECHNOLOGIES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
IN JURISDICTIONS THAT DO NOT
ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, LIABILITY SHALL BE
LIMITED TO THE EXTENT PERMITTED
BY LAW.
User Conduct. You shall not
in any manner: (i) distribute,
use or make copies of, or otherwise
duplicate any materials contained
on the Website, except as expressly
authorized under these Terms
or authorized by ZMD Technologies;
(ii) make the Website, or any
Materials contained on the Website,
available to any unauthorized
third party; (ii) sell, loan,
rent, lease, re-license, sublicense,
transmit, distribute, re-distribute,
or timeshare the Website, or
create any Internet "link" to
the Website without prior express
written authorization from ZMD
Technologies, or "frame" or
"mirror" the materials or services
contained on or accessible from
the Website on any other server
or Internet-based device; (iii)
cause or permit the reverse
engineering, disassembly, de-compilation
of, or any other attempt to
derive any software comprising
or available through the Website,
except to the extent permitted
by law; or (iv) remove, alter,
amend, or otherwise tamper with
any titles, trademarks, copyright,
restricted rights notices, or
other proprietary rights legend,
or any license agreement, included
or provided with the Website.
In addition, without limitation,
You agree not to use the Website:
(a) to harvest, collect, gather
or assemble any Materials for
other than internal, noncommercial
use; (b) to harvest, collect,
gather or assemble information
or data regarding other users,
including e-mail addresses,
without their consent; (c) to
transmit or post any material
or information which is unlawful,
harassing, libelous, abusive,
harassing, tortuous, defamatory,
threatening, harmful, abusive,
libelous, invasive of another's
privacy, vulgar, obscene or
otherwise objectionable; (d)
to transmit any material that
may infringe the intellectual
property rights or other rights
of third parties, including
any patent, trademark, copyright,
trade secret, or right of publicity;
(d) to transmit any material
that contains software viruses
or other harmful or deleterious
computer code, files or programs
such as Trojan horses, worms,
time bombs, cancel-bots; (e)
to interfere with or disrupt
servers or networks connected
to the Website, or violate the
regulations, policies or procedures
of such networks; (f) to attempt
to gain unauthorized access
to the Website, other accounts,
computer systems or networks
connected to the Website, through
password mining or any other
means; or (g) to harass or interfere
with another user's use and
enjoyment of the Website.
IF YOU ARE ENTERING THIS AGREEMENT
ON BEHALF OF A CORPORATION OR
OTHER LEGAL ENTITY, OR ACCESSING
OR USING THIS WEBSITE AS PART
OF YOUR DUTIES AS AN EMPLOYEE
OF A CORPORATION OR OTHER LEGAL
ENTITY, YOU HEREBY REPRESENT
AND WARRANT TO ZMD TECHNOLOGIES
THAT YOU ARE AUTHORIZED TO ACT
ON BEHALF OF SUCH CORPORATION
OR LEGAL ENTITY AND TO BIND
THE SAME TO THESE TERMS AND
ALL OBLIGATIONS ARISING HEREUNDER.
ALL RIGHTS AND LICENSES GRANTED
HEREUNDER ARE PERSONAL TO YOU
AND SHALL NOT INCLUDE ANY RIGHT
TO GRANT SUBLICENSES TO ANY
THIRD PARTY EXCEPT AS EXPRESSLY
SET FORTH HEREIN.
Links to Other Materials. Any
linked sites contained herein
are not under the control of
ZMD Technologies and ZMD Technologies
is not responsible for the contents
of any linked site or any link
contained in a linked site.
ZMD Technologies reserves the
right to terminate any links
or linking program at any time.
ZMD Technologies does not endorse
companies or products to which
it links and reserves the right
to note as such on its web pages.
If you decide to access any
third party sites linked to
this web Website, you do this
entirety at your own risk.
Applicable Laws and Export Control.
ZMD Technologies controls and
operates this Website from its
location in the United States.
All content and materials of
this Website are protected by
copyrights, trademarks or other
proprietary rights of ZMD Technologies
or their respective owners as
well as under any applicable
laws and United States Government
export control regulations.
These terms of use shall be
governed by and construed in
accordance with the laws of
the State of California, excluding
its conflicts of law rules.
You expressly agree that the
exclusive jurisdiction for any
claim or action arising out
of or relating to these Terms
of Use or your use of this Website
shall be filed only in the state
or federal courts located in
the State of California, and
you further agree and submit
to the exercise of personal
jurisdiction of such courts
for the purpose of litigating
any such claim or action. ZMD
Technologies makes no representation
that materials on this Website
are appropriate or available
for use in locations outside
the United States, and accessing
them from territories where
their contents are illegal is
prohibited. Those who choose
to access this Website from
outside the United States do
so on their own initiative and
are responsible for compliance
with applicable local laws.
You may not use or export any
material within this Website
in violation of the U.S. Department
of Commerce Export Administration
Regulations or other requirements
of the U.S. Government regulating
the export of such information.
You agree that (i) you are not
listed on the US Commerce Departments
Table of Denial Orders, or otherwise
denied the privilege of participating
in transactions involving the
export of US origin products
and services; (ii) you are not
located in a country that is
subject to embargo by the United
States (currently Cuba, Iran,
Iraq, Libya, North Korea, Sudan,
Syria or the Taliban Occupied
Part of Afghanistan); (iii)
You are not engaged, directly
or indirectly, in the design,
development, production, stockpiling
or use of nuclear, chemical
or biological weapons or missiles:
and (iv) you shall not knowingly
export or re-export, (as defined
in Part 779 of the Export Administration
Regulations) directly or indirectly,
to any country any of the information
contained herein without first
having obtained all necessary
approvals thereof.
U.S. Government Restricted Rights.
If the right to use this Website
is acquired under the terms
of: (i) a Department of Defense
contract: the Government's rights
to use, modify, reproduce, release,
perform, display or disclose
the Website or accompanying
documentation are subject to
the terms and restrictions set
forth herein pursuant to 48
CFR 252.227.7202-3 or its successor;
(ii) a Civilian agency contract:
the Government's rights to use,
modify, reproduce, release or
disclose the Website or accompanying
documentation are subject to
the restrictions of paragraphs
(a) through (d) of the Commercial
Computer Software - Restricted
Rights clause at 48 CFR 52.227-19
or its successor.
REFUND/CANCELLATION POLICY.
You may return or exchange any
item returned within 30 days.
For services labored or custom
web site work, no refund shall
be given once work has been
initiated. Turn-key web sites
have recurring monthly charges.
Turn-key web sites do not have
contracts so can be canceled
at any time before next scheduled
payment is to be made to stop
service, no refunds can be made
on already paid subscriptions.
All transactions are in USD
(United States Dollar), also
any refunds would be refunded
back the same currency. Credit
card charges will appear as
"ZMD TECHNOLOGIES LLC".
USE OF ZMD TECHNOLOGIES PRODUCTS
IN MEDICAL AND AIRCRAFT OR OTHER
TRANSPORTATION SYSTEMS. ZMD
Technologies Products are not
authorized for use in, or in
connection with Surgical implants,
or as critical components in
any medical, or aircraft, or
other transportation devices
or systems where failure to
perform can reasonably be expected
to cause significant injury
to the user, without the express
written approval of an Executive
Officer of ZMD Technologies.
Such use is at Buyer's sole
risk, and Buyer is responsible
for verification and validation
of the suitability of Products
incorporated in any such devices
or systems. Buyer agrees that
ZMD Technologies is not liable,
in whole or in part, for any
claim or damage arising from
such use and shall have no obligation
to warranty such Products. Buyer
agrees to indemnify, defend
and hold ZMD Technologies harmless
from and against any and all
claims, damages losses, costs,
expenses and liabilities arising
out of or in connection with
Buyer's use of ZMD Technologies
Products in such applications
to the extent Buyer has not
obtained the express written
approval of an Executive Officer
of ZMD Technologies.
COMPLIANCE WITH U.S. EXPORT
REGULATIONS. ZMD Technologies
Products (including samples/demos)
are subject to the export control
laws and regulations of the
United States and to the laws
and regulations of the country
in which the Products are received.
Products may not be sold, leased
or otherwise transferred to
restricted end-users or countries.
Buyer hereby agrees to comply
with all applicable export control
laws and regulations and will
not use or export ZMD Technologies
Products, directly or indirectly,
in violation of these laws.
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