ZUSIA® TERMS OF USE

Last modified: October 26, 2018

Welcome to Zusia. Our website at www.zusia.com and our mobile application, available at Apple’s App Store and Google’s Play Store (together, the “Site”) are owned and operated by Disability Know-It-All LLC (“Zusia,” “Us,” “We”).

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. TO USE THE SITE, YOU (“User,” “You”) MUST AGREE TO THE FOLLOWING TERMS OF USE (the “Terms”) AND OUR PRIVACY NOTICE BY CHECKING THE BOX BELOW. IN ADDITION TO AGREEING TO THE TERMS AND THE PRIVACY POLICY, YOU CONFIRM THAT YOU ARE AN ADULT WHO IS OVER THE AGE OF 18 WHEN YOU CHECK THE BOX BELOW.

 

By clicking below, You acknowledge that You have read, understood, and agreed to be bound by these Terms, including the Privacy Notice, which is incorporated by reference herein, and to comply with all applicable laws and regulations. We reserve the right to revise and update the Terms at any time. If You would like to continue using our Site, You will have to accept those changes and the revised Terms. Your continued right to access and use the Site will terminate immediately, without prior notification to You or any further action by Zusia, if You breach the Terms, or if you do not accept revised Terms.

 

We take Your privacy seriously. The Terms incorporate our Privacy Notice, which governs how We handle Your information. You can find our Privacy Notice at http://zusia.com/zusia-privacy-notice/.

 

There may be additional terms and conditions of use applicable to specific areas of the Site, which are posted in those areas. Any such additional terms and conditions are included in the definition of Terms and they govern Your use of the entire site, including those areas of the Site that contain additional terms.

 

 

Use of the Site

By using the Site, You authorize the disclosure, processing and transfer of all information that You provide to the Site to all entities, individuals and groups lawfully associated or affiliated with Zusia and/or the Site.

 

Without limiting anything set out elsewhere in the Terms, unauthorized use of the Site, including but not limited to, its passwords, systems, resources, software, videos, graphics, photos, logos, button icons, images, recordings, documents, forms, general text, Blog Searches, Community Forum and Service Referral Center is strictly prohibited.

 

Passwords and Account Access

The member who created an account or whose payment method is charged (the “Account Owner”) has access and control over the account and the devices that the Account Owner uses to access the Site, and is responsible for any activity that occurs through the account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over the devices used to access the Site and not reveal the sign-in name, screen name, passwords or details of the payment method associated with the account to anyone. The Account Owner is responsible for updating and maintaining the accuracy of the information provided to Zusia relating to the account. We can terminate an account or place an account on hold in order to protect the Account Owner, Zusia or Our partners from identity theft or other fraudulent activity. We are not obligated to credit or discount a membership for holds placed on the account.

 

You are solely and completely responsible for all activities related to the use of Your account and membership, including, but not limited to, all activities related to email and/or the use of password(s) and computer(s), and You agree to use appropriate standards of security to protect access to Your password(s) and computer(s).

 

You must promptly inform us if You believe Your account or password has been compromised or if there is any other reason You need to deactivate a password. To send Us an email, use the “Contact Us” links located at the top of every page of Our site.

 

 

Payment

At this time, access to our Site, including Gold Membership, is free. Gold Membership will become a paid for membership in the near future, and we reserve the right to charge for access to certain parts of our Site. Silver Membership will remain free.

You will be notified before you will be charged for Gold Membership. If you choose not to continue Your Gold Membership, You will continue to have access to the Site as a Silver Member.

 

Zusia Content: For Informational Purposes Only; No Advice or Recommendations

The content we provide on the Site, including, but not limited to, documents, forms, general text, citations, articles, Blog Searches, videos, commentary, Community Forum postings, and all information related to service referrals, services, service providers and external links (together, the “Zusia Content”), is intended to be general or recreational information that represents personal opinion or experience only.

 

All written, verbal, visual or aural information obtained from members of the Zusia® team (the “Team”), including but not limited to Zusia’s owners, staff, contractors, licensors, and site administrators, whether posted on the Site or transmitted otherwise, is for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. This includes Zusia Content from Team members who possess professional educations, degrees or titles. Their communications should never be interpreted as their professional opinion or as medical advice. Your reliance on any information provided by Team members, or other visitors to the Site, is solely at Your own risk.

 

The Zusia Content is not guaranteed to be factual, accurate or original, and represents only the personal opinion, interpretation, or understanding of its author(s). It does not necessarily reflect the opinion of Zusia. Zusia does not guarantee, and is not responsible for, the accuracy, quality and helpfulness of the Zusia Content or material that is accessed through the Site’s external links. Without limiting the foregoing, You hereby acknowledge that Zusia is not responsible or liable to You, or any third party, for the content or accuracy of the Zusia Content, including, without limitation, materials provided by any third parties.

 

We do not offer personal, professional, occupational, caregiving or other direct services of any kind (including, without limitation, medical, mental health, disability, psychological, home maintenance, personal grooming and hygiene, legal, or financial services and labor) to individuals, groups, and/or organizations. If You need such assistance, please seek help from a qualified professional.

 

If You think You may have a medical emergency, call Your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, resources, opinions, or other information that may be mentioned on the Site. Always seek the advice of Your physician or other qualified healthcare provider with any questions You may have regarding a medical condition or symptom. Never disregard professional medical advice or delay in seeking it because of something You have read on the Site.

 

THE ZUSIA CONTENT IS NOT MEANT TO BE A SUBSTITUTE FOR DIAGNOSTIC ASSESSMENT OF DISABILITY OR ANY OTHER CONDITION, TREATMENT OF ANY KIND, RECOMMENDATION(S) AND/OR OTHER ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL AND SHOULD NOT BE USED FOR DIAGNOSING OR TREATING A PERSONAL PROBLEM OF ANY KIND, INCLUDING BUT NOT LIMITED TO HEALTH AND DISABILITY. YOU SHOULD ALWAYS CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE, MEDICAL REFERRALS, OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION OR SYMPTOM, INCLUDING BUT NOT LIMITED TO DISABILITY.

 

 

Intellectual Property and Applicable Laws

All Zusia Content (including but not limited to software, documents, forms, graphics, photos, logos, button icons, images, recordings, videos, general text and text related to Blog Searches, the Community Forum and the Service Referral Center) is the property of Zusia, its licensors, or other providers of such materials and is protected by United States and international laws relating to copyrights, trademarks, patents, trade secrets and other intellectual property or proprietary rights. No right, title or interest in or to the Site or any Zusia Content is transferred to You. Zusia Content and features are subject to change or termination without notice in the editorial discretion of Zusia.

 

The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on the Site are owned by Zusia and other third parties. No license or right to use any Marks contained on the Site is granted, whether by implication or otherwise, and any use of any Marks contained on the Site is expressly prohibited unless authorized in writing by the owner of the applicable Marks. All rights not explicitly granted herein are reserved by Us, Our licensors or the owners of the relevant third party marks.

 

You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the Zusia Content, except as follows:

  • Your computer may temporarily store copies of such materials incidental to Your accessing and viewing those materials.
  • You may store files that are automatically cached by Your web browser for display enhancement purposes.
  • You may print or download a copy of a reasonable number of pages of the Site or documents offered for download for Your own lawful, personal, non-commercial use and not for further reproduction, publication or distribution, as expressly permitted by and subject to the restrictions contained in the Terms, including, without limitation, the requirement that You maintain all copyright and other proprietary notices contained in any Zusia Content, for example: “Copyright © 2018 Zusia®. All Rights Reserved.”

 

If Zusia provides desktop, mobile or other applications, or documents, brochures, questionnaires for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by these Terms.

 

You must not:

  • Modify or make copies of any Zusia Content.
  • Use any Zusia Content or parts thereof unless specifically authorized in the Terms.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

 

If You wish to make any use of Zusia Content other than that set out herein, please contact us at support@zusia.com.

 

Any use of the Site not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark and other laws. We have absolute discretion to determine if any use violates these rules, and to act as We deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

 

 

Your Content & Conduct

Our Community Forum is intended as a safe space for respectful and helpful conversation, enabling our Members to safely communicate with Us and each other. You may submit content to Zusia by posting in our Community Forum or otherwise contacting us (“Your Content”). You understand that we do not guarantee any confidentiality with respect to any of Your Content. You are solely responsible for Your Content regardless of the form, or method you use to submit Your Content. You are solely responsible for the consequences of submitting and publishing Your Content in our Community Forum or otherwise. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any of Your Content; and you license to Zusia all patent, trademark, trade secret, copyright or other proprietary rights in and to Your Content for publication on the Site pursuant to these Terms.

 

You retain all of your ownership rights in Your Content. By submitting Your Content to Us, You grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the Site and Our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Site a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms.

You further agree that Your Content will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Zusia all of the license rights granted herein.

 

Specifically, You shall not post, transmit, display, publish, distribute or otherwise exploit content or materials that

(1)  violates the Terms;

(2)  infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others;

(3)  is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user, anyone affiliated with Zusia or any other person or entity, including without limitation, sexually-explicit or parody images or text, chain letters or pyramid schemes; or

4)   violates applicable laws, rules and regulations, including without limitation, consumer protection, privacy and trade laws and regulations.

 

We do not endorse any of Your Content, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with Your Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Site, and will remove Your Content if we are properly notified that Your Content infringes on another’s intellectual property rights. We reserve the right to remove, TEMPORARILY OR PERMANENTLY DISABLE OR BLOCK ACCESS TO, Your Content or parts thereof, At any time, without prior notice, for any reason.

Please do not post any private or personal content, including health information. Zusia cannot be expected to keep any personal or health information private or confidential if you post it to the Site.

 

 

Reporting and Making Claims of Copyright Infringement

These Terms are intended to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act. We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below:

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed upon;
  • A description of where the material that You claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf

 

Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for the Site:

 

Disability Know-It All LLC

PO Box 730

Larchmont, New York 10538

Attn: Copyright Agent

dmca@zusia.com

 

 

Counter-Notification Procedure

If You believe that Your Content was removed or access to it was disabled by mistake or misidentification, You may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent.

 

Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which We can contact You, including Your name, postal address, telephone number and, if available, e-mail address.
  • A statement under penalty of perjury by You that You have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that You will consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or if You reside outside the United States for any judicial district in which the Services may be found) and that You will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

 

Completed Counter-Notices should be sent to:

 

Disability Know-It All LLC

PO Box 730

Larchmont, New York 10538

Attn: Copyright Agent

dmca@zusia.com

 

The DMCA allows us to restore the removed material if the party filing the original DMCA Notice does not file a court action against You within ten (10) business days of receiving the copy of Your Counter-Notice. Please be aware that if You knowingly materially misrepresent that material or activity on the Services were removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. We disable and terminate the accounts of Users who are repeat infringers.

 

 

Prohibited Uses

Without limiting anything set out elsewhere in these Terms, You may use the Site only for lawful purposes and in accordance with the Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data to and from the US or other countries).
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms.
  • To transmit, or procure the sending of, any advertising or promotional material without Zusia’s prior written consent, including any “junk mail”, “chain letter,” “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Zusia, Zusia’s owner(s), a Zusia employee, independent contractor, service provider, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined solely by Zusia, may harm Zusia or users of the Site or expose them to liability.
  • To intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance

 

You also agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Zusia Content or other content.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Zusia’s prior written consent in each instance.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Delete or alter any Zusia Content.
  • Otherwise attempt to interfere with the proper working of the Site.

 

 

Third Party Links

The Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to users of the Site and are not under Zusia’s control, and Zusia is not responsible for, and does not endorse the content of, such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make Your own independent judgment regarding Your interaction with these Linked Sites and should seek professional guidance or other sources of expert guidance when in doubt. Please carefully review the terms of any Linked Sites before accessing them.

 

 

Service Referral Center, Service Providers

Zusia does not endorse and is not responsible or liable for any content, products, goods or services available or unavailable from, or through, any third party or Service Provider listed or otherwise made available on or through the Site. You agree that if You use or rely on such content, products, goods or services, available or unavailable from, or through any third party or Service Provider, Zusia is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and the relevant Service Provider exclusively and do not involve Zusia. You should make whatever investigation or use whichever other resources You deem necessary or appropriate before hiring or engaging Service Providers. We are not responsible for the availability of a particular Service Provider.

 

 

Zusia’s Disclaimers and Limitation of Liability

Your use of the Site, including, without limitation, all content, services, service providers, direct and indirect interactions, direct and indirect relationships, and resources made available thereon, is at Your own risk, and You assume personal responsibility for any decision and/or action undertaken before or after Your visit to the Site. Zusia does not recommend and does not endorse the content on any third-party websites. Zusia is not responsible for the content of Linked Sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of any third-party websites is at Your own risk and subject to the terms and conditions of use for such sites. Zusia does not endorse any product, service, or treatment advertised on the Site.

 

Without limiting anything set out elsewhere in these Terms, Zusia disclaims all responsibility for personal or other liability, loss or risk associated with the direct or indirect use or application of, or reliance on the Content of the Site, the performance of Zusia’s lawful representatives, the performance of service providers and all others who are lawfully affiliated with Zusia, or the oral and written statements of Zusia’s lawful representatives in all contexts including, but not limited to, speeches, interviews, formal or informal statements, and authorized or unauthorized quotations in publications.

 

THE SITE, INCLUDING BUT NOT LIMITED TO THE SERVICE REFERRAL CENTER, AND ALL CONTENT, PRODUCTS AND OTHER RESOURCES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ZUSIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE CONTENT, PRODUCTS OR OTHER RESOURCES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZUSIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZUSIA DOES NOT WARRANT THAT THE SITE, CONTENT, PRODUCTS OR OTHER RESOURCES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

ZUSIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

WITHOUT LIMITING ANYTHING SET OUT ABOVE, IF YOUR USE OF THE SITE OR ANY ELEMENT OR COMPONENT THEREOF RESULTS IN THE NEED FOR SERVICE TO, OR REPLACEMENT OF, EQUIPMENT OR DATA, ZUSIA IS NEITHER RESPONSIBLE NOR LIABLE FOR THOSE COSTS. YOUR USE AND BROWSING OF, AND ANY RELIANCE BY YOU UPON, THE SITE ARE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY ELEMENT OR COMPONENT THEREOF, OR WITH ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OR OUR PRIVACY NOTICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

Your Liability

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND, WITHOUT LIMITING ANYTHING SET OUT IN THESE TERMS, AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

 

You agree to and shall defend indemnify, and hold Zusia, its officers, directors, members, employees, agents, licensors, and suppliers, harmless from and against any and all losses, harm, damages, costs, expenses (including attorneys’ fees), claims, actions, demands, liabilities and settlements arising from or in connection with, or alleged to result from, Your violation of these Terms.

 

 

General

The Terms constitute the entire agreement between You and Zusia and govern Your use of the Site. The failure of Zusia to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose. Section headings are for convenience only and have no legal or contractual effect. The Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Access to the Site may not be legal by certain persons, or in certain countries. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You will comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re-export, or allow the export or re-export of any product, technology or information You obtain or acquire in connection with the Site (or any direct product thereof) in violation of any such laws, restrictions or regulations. If You access the Site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of the jurisdiction in which You are then located.

 

The Terms are governed by the internal substantive laws of the State of New York, without regard to its conflict of law principles. Jurisdiction for any claims arising under the Terms shall lie exclusively with the state or federal courts in Westchester County, New York. To the fullest extent permitted by applicable law, no claim under the Terms may be joined to any other claim, including any legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.

 

 

© 2015 – 2019 Disability Know-It-All LLC.  All rights reserved.