By using the Site or the Service, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ACTING AND accepting these Terms. By using the Site or the Service, you ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN, AS WELL AS THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THE POLICIES POSTED IN VARIOUS LOCATIONS ON THE SITE (the “ZeroAge Policies”), JUST AS IF YOU HAD SIGNED THESE TERMS. If you do not accept these terms or the ZeroAge Policies, YOU MAY NOT USE THE SITE AND YOU MAY NOT USE THE SERVICE.
ZeroAge may at any time modify the Terms, the ZeroAge Policies, or any part thereof, or to impose new conditions to your use or receipt of the Site or Services. Except as otherwise stated herein, any modification to these Terms shall be effective ten (10) days after initially posted on the Site. Your receipt or use of the Site or Services after any such modification will be conclusively deemed acceptance of such modification. If any modification is unacceptable to you, you may terminate use of the Site and Services, subject to the terms and conditions contained herein. These Terms may not otherwise be amended except in a writing signed by you and by an authorized representative of ZeroAge. These Terms were last revised on November 15, 2010.
ZeroAge grants you a non-exclusive, non-transferable, limited license to access and use this Site and the Service. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of ZeroAge. Your use of this Site and its content shall be solely for the benefit of your Company, and this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ZeroAge. Any unauthorized use of the Site or Service shall automatically terminate the license granted to you by ZeroAge for such use.
ZeroAge may discontinue the Services or the Site at any time, with or without notice.
Although ZeroAge hopes you will find the information that you obtain via the Site or the Service to be useful, ZeroAge does not guarantee that the information will be accurate or complete, that it will include all of the most recent information available on a particular topic, or that it will satisfactorily address your needs.
Warranty Limitations. THE SITE AND SERVICES ARE INTENDED FOR INFORMATION AND SIMULATION ONLY AND ARE NOT DESIGNED OR WARRANTED FOR USE IN ANY REAL-WORLD DECISION-MAKING PROCESS OR EXERCISE. COMPANY AND ALL PERMITTED USERS ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ACTIONS TAKEN OR INACTION BASED IN WHOLE OR IN PART ON INFORMATION PROVIDED BY THE SITE AND/OR SERVICES. COMPANY SHALL NOT BE LIABLE FOR AND ACCEPTS NO RESPONSIBILITY FOR USE OF THE SITE OR SERVICES OR FOR ACTIONS TAKEN OR INACTION BASED IN WHOLE OR IN PART ON INFORMATION PROVIDED BY THE SITE AND/OR SERVICES AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHALL NOT BE RESPONSIBLE FOR DEATH, INJURY, OR ANY OTHER RESULTING DAMAGE OR HARM.
ZEROAGE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS AS TO THE CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE INFORMATION THEREON AND THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZEROAGE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE AND THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK.
Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Indemnity of ZeroAge. To the fullest extent allowed by law, Company shall indemnify and hold harmless ZeroAge, its parent company, subsidiaries and affiliates, and each of their respective members, managers, officers, directors, agents, representatives and employees from and against all claims, damages, losses, and expenses (including, but not limited to, attorneys’ fees and expenses, whether incurred in defending such a claim, in enforcing these Terms, or otherwise), in any manner arising out of, related to, or resulting from the Site (including deliverables) or its use, or the performance of any Services hereunder; third-party claims including employee claims, for death, personal injury, sickness or disease, property loss or damage; loss or damage to Company’s or Company’s personnel’s or subcontractors’ (collectively, “Personnel”) property; claims arising from indemnification agreements with subcontractors or other Personnel; the Company’s failure to ensure that all Personnel comply with the provisions of these Terms; and the Company’s or its Personnel’s failure to comply with any terms, conditions, or provisions set forth herein, as amended from time to time, including any claim, damage, loss or expense caused in whole or in part by any act or omission of Company, its Personnel, or anyone for whose acts Company may be liable, including, but not limited to any negligent, grossly negligent, or reckless acts or omissions, and regardless of whether or not such claim, damage, loss or expense is caused or alleged to be caused in whole or in part by the negligence or strict liability of Company or its Personnel or any other party to be indemnified hereunder. Company covenants not to settle any matter under this indemnity without obtaining ZeroAge’ written consent. If any claims are brought against ZeroAge or its agents or employees by any employee or agent of Company, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation of ZeroAge shall be absolute, and shall not be limited or affected in any way by any claims or benefits paid or payable by or for Company or any subcontractor under any workers’ compensation acts, disability benefit acts, or other employee benefit acts. Company further agrees to indemnify and hold ZeroAge harmless from and against any and all liabilities arising from any collective bargaining unit related to Company’s employees and contractors and/or the provision of any benefits related thereto. ZeroAge shall provide Company with notice of any claim hereunder and the opportunity to control or assist in the settlement or defense of any claims or losses.
Limitation of Liability. IN NO EVENT WILL ZEROAGE BE LIABLE TO COMPANY OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS) ARISING OUT OF THE USE OF THE SITE, THE RECEIPT OR DELIVERY OF SERVICES, ANY PERFORMANCE OF THESE TERMS OR IN FURTHERANCE OF THE OBJECTIVES OF THESE TERMS, REGARDLESS OF THE LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH OR DAMAGE DUE TO THE USE, MISUSE OR FAILURE OF THE SITE OR SERVICES. YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH ZEROAGE IS TO STOP USING THE SITE AND THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT ZEROAGE’ LIABILITY TO YOU UNDER THESE TERMS OR OTHERWISE SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNTS PAID BY YOU TO ZEROAGE IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM, OR (B) $500.00.
Maximum Liability. ZeroAge’ total liability to Company and any third party in connection with performance by ZeroAge or its agents of the Services, access to the Site and use of Services by Company or its Personnel or other agents shall not exceed the fee(s) paid by the Company for access to and use of the Site and/or Services to which the liability relates.
The provisions of this section entitled “Limitations of Warranty and Liability; Indemnification” shall survive expiration or termination of these Terms or the agreement between ZeroAge and Company for any reason.
THE SITE AND THE SERVICE SHOULD NOT BE USED IN AN EMERGENCY SITUATION. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site and the Service. You agree that ZeroAge may terminate your use of the Site and the Service in ZeroAge’ sole discretion for any reason.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify ZeroAge of any unauthorized use of your password or account, or any other breach of security of which you become aware. ZeroAge reserves the right to refuse Service and terminate accounts in its sole discretion.
This Site and all information, documentation, and other content posted in connection with the Site and the Service are owned by ZeroAge or its other content providers (collectively, the “Content”). If you make use of the Site, the Service, or the Content other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties and/or legal or equitable remedies available to ZeroAge.
ZEROAGE, LIVEWELLGAME and LIVEWELLAPP, as well as other trademarks, logos and other names of ZeroAge’ products and services that are referenced on the Site are exclusively owned by ZeroAge. All other products, services, and company names mentioned on the Site are the trademarks of their respective owners. By placing them on the Site, ZeroAge does not grant to you any license or other authorization to copy, reproduce, or use the trademarks or logos in any manner.
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. ZeroAge does not endorse, and ZeroAge is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. ZeroAge is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that ZeroAge shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. ZeroAge shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
Where required, ZeroAge may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to ZeroAge by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with ZeroAge, please e-mail or write to:
3482 McClure Avenue, Suite 120
West Lafayette, IN 47906
Email: info at zero-age.com
Except to the extent that federal law may govern, these Terms and your access to and use of the Site and the Service are governed by, interpreted, construed, and enforced in accordance with the laws of the State of Indiana, USA, without reference to the conflict of law provisions of any jurisdiction. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of Indiana, USA, in the event of any dispute arising under these Terms or arising out of your use of the Site and the Service, and waive any future right to object to such jurisdiction and venue. The provisions of these Terms are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms, and these Terms will be construed as if such unenforceable provision had not been contained herein. No waiver by ZeroAge, of any right under or provision of these Terms will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.