Terms and Conditions

Terms Of Use

Last updated: February 20, 2015

 

Please read these Terms of Use (“Terms“) carefully before using this website. By using this website you have accepted these Terms. If you do not accept these Terms, do not use the website.

Zia Consulting, Inc. and its affiliates (“Zia“) may modify all of any part of these Terms from time to time without notice to you, so you should check back often so that you are aware of your current rights and obligations. Your continued use of this website after changes to the Terms have been posted constitutes your binding acceptance of the updated Terms. If at any time the Terms are no longer acceptable to you, you should immediately cease all use of this website.

Trademarks

The trademarks, service marks and logos of Zia and others used in this web site (“Trademarks”) are the property of Zia and their respective owners. You have no right to use any such Trademarks, and nothing contained in this website or these Terms grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Zia or the respective owner.

Microsoft, Windows, Windows 95/98/Me/NT/2000, SharePoint, .NET, and the Windows logo are trademarks of Microsoft Corporation in the United States and other countries.

Software Use

Any software (“Software“) that is made available to you to download from this website is the copyrighted work of Zia and/or third parties. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (“License Agreement“). You will not install any Software that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Communications

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this website will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Zia (“Feedback“) will be deemed, at the time of communication to Zia, the property of Zia, and Zia shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you.

Rules of Conduct

Your use of this website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. Zia reserves the right to seek damages from any person to the fullest extent permitted by law.

You agree not to use this website to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights. You may not engage in any activity on this website that restricts or inhibits any other user from using or enjoying this website by “hacking,” “cracking,” “spoofing,” or defacing any portions of this website.

You may not post or transmit through this website advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with Zia and/or this website; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, 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 this website or its contents. You may not harvest or collect information about website visitors without their express written consent.

Links to Other Sites

Zia may provide links from this website to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. The linked sites are not under the control of Zia and Zia is not responsible for the content of any linked site or any link contained in a linked site. Zia reserves the right to terminate any link at any time. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. Zia DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

User Name and Password

Access to and use of password protected or secured areas of this website is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this website. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this website as well as any activity that occurs under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this website. If you violate your obligations under this section, your rights to access this website may be terminated and you may be subject to prosecution.

Monitoring

Although Zia is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with these Terms. Zia has the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on this website that it finds to be in violation of these Terms or otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree that Zia will not have any liability or responsibility for the content of any communications you post to this website, for any errors or violations of any laws or regulations by you, or for any action or inaction with respect to any conduct, communication or posting on this website.

Rights in Content

By displaying, publishing and making available for download and use by others any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (“Content“) you give Zia a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the website. You agree that this license includes a right for Zia to make such Content available to other companies, organizations or individuals with whom Zia has relationships for the provision of services, and to use such Content in connection with the provision of those services. You understand that Zia may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Zia to take these actions. You confirm and warrant to Za that you have all the rights, power and authority necessary to grant the above license.

Global Availability

Zia controls this site from its Boulder, Colorado, United States offices; other Zia sites may be administered and operated from various locations inside and outside the United States. If you use this website from other locations you are responsible for compliance with applicable local laws. Zia makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact certain products and services may not be available worldwide.

Export Restrictions

Various export control laws and regulations that prohibit the export or re-export of content, products, services, and technology to certain countries and persons may apply to this web site. You agree to comply with all export laws, regulations and restrictions of any applicable agency or authority and assume sole responsibility for any such unauthorized exportation.

INDEMNITY

You agree to indemnify, defend and hold Zia, its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this website.

Disclaimer

Zia assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this website. You should not assume that the Materials on this website are continuously updated or otherwise contain current information. Zia is not responsible for supplying content or materials from the website that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ZIA DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ZIA AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY LINKED SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF ZIA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy Statement

See the Zia Privacy Statement.

Questions

If you have any questions regarding these Terms, please refer to our Contact page.

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