TERMS OF SERVICES
PLEASE READ THIS TERMS OF
SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2025-02-12 20:51:24
1. OVERVIEW
This Terms of Service
Agreement ("Agreement") is entered into by and between
Zutechs LLC, registered address 5150 Maie Anne Ave Ste 405 #4384,
US, NV ("Company") and you, and is made effective as of
the date of your use of this website https://zutechs.com
("Site") or the date of electronic acceptance.
This Agreement sets forth the general terms
and conditions of your use of the https://zutechs.com as well as the
products and/or services purchased or accessed through this Site
(the "Services").Whether you are simply browsing or using
this Site or purchase Services, your use of this Site and your
electronic acceptance of this Agreement signifies that you have
read, understand, acknowledge and agree to be bound by this
Agreement our Privacy policy. The terms
"we",
"us" or "our" shall refer to Company. The terms
"you", "your", "User" or
"customer" shall refer to any individual or entity who
accepts this Agreement, uses our Site, has access or uses the
Services. Nothing in this Agreement shall be deemed to confer any
third-party rights or benefits.
Company may, in its sole and absolute
discretion, change or modify this Agreement, and any policies or
agreements which are incorporated herein, at any time, and such
changes or modifications shall be effective immediately upon posting
to this Site. Your use of this Site or the Services after such
changes or modifications have been made shall constitute your
acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS
AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE
OR THE SERVICES.
2. ELIGIBILITY
This Site and the
Services are available only to Users who can form legally binding
contracts under applicable law. By using this Site or the Services,
you represent and warrant that you are (i) at least eighteen (18)
years of age, (ii) otherwise recognized as being able to form
legally binding contracts under applicable law, and (iii) are not a
person barred from purchasing or receiving the Services found under
the laws of the United States or other applicable
jurisdiction.
If you are entering
into this Agreement on behalf of a company or any corporate entity,
you represent and warrant that you have the legal authority to bind
such corporate entity to the terms and conditions contained in this
Agreement, in which case the terms "you",
"your", "User" or "customer" shall
refer to such corporate entity. If, after your electronic acceptance
of this Agreement, Company finds that you do not have the legal
authority to bind such corporate entity, you will be personally
responsible for the obligations contained in this
Agreement.
3. RULES OF USER CONDUCT
By using this
Site You acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner
that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You
will not:
- copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
- copy or duplicate this Terms of Services agreement, which was created with the help of the TermsHub.io and the Terms & Conditions Generator,
- modify or alter any part of this Site or any of its related technologies,
- access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.
4. INTELLECTUAL PROPERTY
In addition
to the general rules above, the provisions in this Section apply
specifically to your use of Companies Content posted to Site.
Companies Content on this Site, including without limitation the
text, software, scripts, source code, API, graphics, photos, sounds,
music, videos and interactive features and the trademarks, service
marks and logos contained therein ("Companies Content"),
are owned by or licensed to Zutechs LLC in perpetuity, and are
subject to copyright, trademark, and/or patent protection.
Companies Content is provided to you
"as is", "as available" and "with all
faults" for your information and personal, non-commercial use
only and may not be downloaded, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any purposes whatsoever without the express prior
written consent of Company. No right or license under any copyright,
trademark, patent, or other proprietary right or license is granted
by this Agreement.
5. YOUR USE OF USER CONTENT
Some of
the features of this Site may allow Users to view, post, publish,
share, or manage (a) ideas, opinions, recommendations, or advice
("User Submissions"), or (b) literary, artistic, musical,
or other content, including but not limited to photos and videos
(together with User Submissions, "User Content"). By
posting or publishing User Content to this Site, you represent and
warrant to Company that (i) you have all necessary rights to
distribute User Content via this Site or via the Services, either
because you are the author of the User Content and have the right to
distribute the same, or because you have the appropriate
distribution rights, licenses, consents, and/or permissions to use,
in writing, from the copyright or other owner of the User Content,
and (ii) the User Content does not violate the rights of any third
party.
You agree not to
circumvent, disable or otherwise interfere with the security-related
features of this Site (including without limitation those features
that prevent or restrict use or copying of any Companies Content or
User Content) or enforce limitations on the use of this Site, the
Companies Content or the User Content therein.
6. COMPANIES USE OF USER CONTENT
The
provisions in this Section apply specifically to Companies use of
User Content posted to Site.
You
shall be solely responsible for any and all of your User Content or
User Content that is submitted by you, and the consequences of, and
requirements for, distributing it.
With Respect to User Submissions, you
acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential relationship or obligate Company to treat your User Submissions as confidential or secret.
- Company has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
Company shall
own exclusive rights (including all intellectual property and
other proprietary rights) to any User Submissions posted to this
Site, and shall be entitled to the unrestricted use and
dissemination of any User Submissions posted to this Site for
any purpose, commercial or otherwise, without acknowledgment or
compensation to you or to anyone else.
With Respect to User Content, by posting
or publishing User Content to this Site, you authorize Company
to use the intellectual property and other proprietary rights in
and to your User Content to enable inclusion and use of the User
Content in the manner contemplated by this Site and this
Agreement.
You hereby grant
Company a worldwide, non-exclusive, royalty-free, sublicensable,
and transferable license to use, reproduce, distribute, prepare
derivative works of, combine with other works, display, and
perform your User Content in connection with this Site,
including without limitation for promoting and redistributing
all or part of this Site in any media formats and through any
media channels without restrictions of any kind and without
payment or other consideration of any kind, or permission or
notification, to you or any third party. You also hereby grant
each User of this Site a non-exclusive license to access your
User Content through this Site, and to use, reproduce,
distribute, prepare derivative works of, combine with other
works, display, and perform your User Content as permitted
through the functionality of this Site and under this
Agreement.
The above licenses
granted by you in your User Content terminate within a
commercially reasonable time after you remove or delete your
User Content from this Site. You understand and agree, however,
that Company may retain (but not distribute, display, or
perform) server copies of your User Content that have been
removed or deleted. The above licenses granted by you in your
User Content are perpetual and irrevocable.
Company generally does not pre-screen
User Content but reserves the right (but undertakes no duty) to
do so and decide whether any item of User Content is appropriate
and/or complies with this Agreement. Company may remove any item
of User Content if it violating this Agreement, at any time and
without prior notice.
7. LINKS TO THIRD-PARTY WEBSITES
This
Site may contain links to third-party websites that are not owned or
controlled by Company. Company assumes no responsibility for the
content, terms and conditions, privacy policies, or practices of any
third-party websites. In addition, Company does not censor or edit
the content of any third-party websites. By using this Site you
expressly release Company from any and all liability arising from
your use of any third-party website. Accordingly, Company encourages
you to be aware when you leave this Site and to review the terms and
conditions, privacy policies, and other governing documents of each
other website that you may visit.
8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE
ARE PROVIDED "AS IS", "AS AVAILABLE" AND
"WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY,
COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE
SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE
AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND
THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL
ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS
SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY
ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS
AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW,
and shall survive any termination or expiration of this Agreement or
your use of this Site or the Services found at this
Site.
9. LIMITATION OF LIABILITY
IN NO EVENT
SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL
THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON
OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY
RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV)
PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V)
THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION
OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII)
ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE,
HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC,
"X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX)
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF
THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY,
AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN ADDITION, You
SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising
out of or related to this Site or the Services found at this Site
must be commenced within one (1) year after the cause of action
accrues, otherwise such cause of action shall be permanently
barred.
THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND
shall survive any termination or expiration of this Agreement or
your use of this Site or the Services found at this
Site.
10. INDEMNITY
You agree to protect,
defend, indemnify and hold harmless Company and its officers,
directors, employees, agents from and against any and all claims,
demands, costs, expenses, losses, liabilities and damages of every
kind and nature (including, without limitation, reasonable
attorneys’ fees) imposed upon or incurred by Company directly or
indirectly arising from (i) your use of and access to this Site;
(ii) your violation of any provision of this Agreement or the
policies or agreements which are incorporated herein; and/or (iii)
your violation of any third-party right, including without
limitation any intellectual property or other proprietary right. The
indemnification obligations under this section shall survive any
termination or expiration of this Agreement or your use of this Site
or the Services found at this Site.
11. DATA TRANSFER
If you are visiting
this Site from a country other than the country in which our servers
are located, your communications with us may result in the transfer
of information across international boundaries. By visiting this
Site and communicating electronically with us, you consent to such
transfers.
12. AVAILABILITY OF WEBSITE
Subject to
the terms and conditions of this Agreement and our policies, we
shall use commercially reasonable efforts to attempt to provide this
Site on 24/7 basis. You acknowledge and agree that from time to time
this Site may be inaccessible for any reason including, but not
limited to, periodic maintenance, repairs or replacements that we
undertake from time to time, or other causes beyond our control
including, but not limited to, interruption or failure of
telecommunication or digital transmission links or other
failures.
You acknowledge and
agree that we have no control over the availability of this Site on
a continuous or uninterrupted basis, and that we assume no liability
to you or any other party with regard thereto.
13. DISCONTINUED SERVICES
Company
reserves the right to cease offering or providing any of the
Services at any time, for any or no reason, and without prior
notice. Although Company makes great effort to maximize the lifespan
of all its Services, there are times when a Service we offer will be
discontinued. If that is the case, that product or service will no
longer be supported by Company. In such case, Company will either
offer a comparable Service for you to migrate to or a refund.
Company will not be liable to you or any third party for any
modification, suspension, or discontinuance of any of the Services
we may offer or facilitate access to.
14. FEES AND PAYMENTS
You acknowledge
and agree that your payment will be charged and processed by Zutechs
LLC.
You agree to pay any and all
prices and fees due for Services purchased or obtained at this Site
at the time you order the Services.
Company expressly reserves the right to
change or modify its prices and fees at any time, and such changes
or modifications shall be posted online at this Site and effective
immediately without need for further notice to you.
Refund Policy: for products and services
eligible for a refund, you may request a refund under the terms and
conditions of our Refund Policy which can be accessed here.
15. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to
confer any third-party rights or benefits.
16. COMPLIANCE WITH LOCAL LAWS
Company
makes no representation or warranty that the content available on
this Site are appropriate in every country or jurisdiction, and
access to this Site from countries or jurisdictions where its
content is illegal is prohibited. Users who choose to access this
Site are responsible for compliance with all local laws, rules and
regulations.
17. GOVERNING LAW
This Agreement and
any dispute or claim arising out of or in connection with it or its
subject matter or formation shall be governed by and construed in
accordance with the laws of United States, Nevada, to the exclusion
of conflict of law rules.
18. DISPUTE RESOLUTION
Any controversy
or claim arising out of or relating to these Terms of Services will
be settled by binding arbitration. Any such controversy or claim
must be arbitrated on an individual basis, and must not be
consolidated in any arbitration with any claim or controversy of any
other party. The arbitration must be conducted in United States,
Nevada, and judgment on the arbitration award may be entered into
any court having jurisdiction thereof.
19. TITLES AND HEADINGS
The titles and
headings of this Agreement are for convenience and ease of reference
only and shall not be utilized in any way to construe or interpret
the agreement of the parties as otherwise set forth
herein.
20. SEVERABILITY
Each covenant and
agreement in this Agreement shall be construed for all purposes to
be a separate and independent covenant or agreement. If a court of
competent jurisdiction holds any provision (or portion of a
provision) of this Agreement to be illegal, invalid, or otherwise
unenforceable, the remaining provisions (or portions of provisions)
of this Agreement shall not be affected thereby and shall be found
to be valid and enforceable to the fullest extent permitted by
law.
21. CONTACT INFORMATION
If you have any
questions about this Agreement, please contact us by email or
regular mail at the following address:
Zutechs LLC
5150 Maie Anne Ave Ste 405 #4384
US, NV
support@zutechs.com