Zenjuries SAS (Software As Service) Terms and Conditions
Access to, and use of, the ZenjuriesSoftware (as defined below) and the information contained in this web service are subject to the terms and conditions listed below (“Terms and Conditions”).Please read this information carefully. Your use of this web service or theZenjuries Software signifies your agreement to follow and be bound by theseTerms and Conditions.
Zenjuries Inc. and its subsidiaries (collectively “Zenjuries”) reserves the right to discontinue providing any of the services and information available on this web app, to make changes or updates to this web app, or to the products or programs described in this web app (collectively, the “Zenjuries Software”), or to these Terms andConditions at any time without further notice. Your continued use of this web app following such changes signifies your acceptance of the revised Terms and Conditions.
Copyright
Copyright © Zenjuries, Inc., Anderson, South Carolina 29621, USA. All rights reserved.
Use of Web App
Provided you have fully paid the subscription fees agreed between you and Zenjuries for the ZenjuriesSoftware, you are hereby authorized by Zenjuries to view, download, copy and print documents and the graphics incorporated therein ("materials")from this web app subject to the following restrictions and in accordance with any written agreement between you and Zenjuries: 1) the materials may be used solely by you for the purpose of managing and/or reporting injuries and claims in the ordinary course of your business; 2) all copies you make must properly attribute the appropriate source, including any copyright or other proprietary notices originally shown or included in the materials; 3) you may not modify any of the materials found at this web app unless otherwise expressly indicated, nor attempt to pass off any materials found at this web app as your own; 4) you may not use, reproduce or publicly display or perform, or distribute any of the materials within this web app for any commercial or public purpose, unlessZenjuries has given you prior written consent to do so; 5) you may not"mirror" or "frame" any portions of this web app in any other environment without prior written consent from Zenjuries; and 6) you may not display or transmit Zenjuries RSS feed content in a manner that does not permit successful linking to, redirection to, or delivery of the applicable official Zenjuries URL, and you may not insert any intermediate page, splash page, or other content between the Zenjuries RSS link and the applicable official Zenjuries URL. Zenjuries reserves the right to terminate the access of any user in its sole discretion, including users who do not observe these Terms and Conditions or who infringe or otherwise violate the rights of others.
Zenjuries provides proprietary information, including copyrighted materials, about its software and services on this web app for the benefit of its customers and not for unrestricted use by the public. You agree that you may not use, or allow any other person or entity to use, any materials found on this web app or any other portion of the Zenjuries Software for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim againstZenjuries or its affiliates or for the purpose of developing or using an offering or product directly or indirectly competing with an offering or product from Zenjuries. Your failure to comply with these prohibitions constitutes breach of these Terms and Conditions with respect to the materials at issue. Each instance of noncompliance (e.g., each use of a digital file contrary to these Terms and Conditions) constitutes a separate instance of breach and subjects you to a payment obligation in the amount of $75,000 USD per instance of breach, as liquidated damages and not as a penalty. In addition, Zenjuries reserves the right to seek damages for infringement for copyrighted materials. You agree that damages reasonably anticipated from a potential breach are difficult to ascertain because of their indefiniteness or uncertainty and the amount stipulated is reasonably proportionate to the damages actually caused by the breach.
You are prohibited from posting or transmitting to the Zenjuries Software (including via this web app) any material that is unlawful, obscene, pornographic, libelous, defamatory, threatening or otherwise inappropriate.
Accounts, Passwords and Security
If any of the services provided on this web app requires you to open an account, you must complete the registration process by providing and maintaining current, accurate and complete information as requested on the applicable registration form, and maintaining the strict confidentiality of your password. If Zenjuries has provided you with login information to enable you to access restricted URLs on this web app, be advised that such login information, as well as any content located at or linked from that URL, is confidential and proprietary toZenjuries, and you are not authorized to share any information you view, download, or otherwise use at that URL. If you are using this web app on behalf of your employer, you represent that you are authorized to accept these Terms and Conditions on your employer's behalf. You are the only person authorized to use your login information, and you are solely responsible for maintaining the confidentiality of your password(s). You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain products. By using the Zenjuries Software (including this web app) and registering for such services, you consent to Zenjuries' display of such information via the services and accept all risks of unauthorized access to such information. You are also fully responsible for all activities that occur through the use of your account and password. You agree to notifyZenjuries immediately of any unauthorized use of your account or password or any other breach of security, and to ensure that you exit from your account at the end of each session. Zenjuries is not responsible or liable for any loss or damage that may occur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Zenjuries or any other party due to someone else using your account or password. You may not use anyone else's account at anytime. Zenjuries reserves the right to terminate your access to the ZenjuriesSoftware (including this web app) should Zenjuries in its sole discretion consider your use of the Zenjuries Software (including this web app) to be inappropriate in any way. Upon termination of your access to this web app, you must destroy all materials obtained from the Zenjuries Software (including this web app) which permit identification of any individual.
Use of Zenjuries Communications
In addition to the Terms andConditions detailed herein, this subsection shall apply specifically to your use of any Zenjuries Communications Channels (including but not limited toZenjuries Zengarden, Zenjuries Zenicare Communications and the Zenjuries privateCommunications.). You understand that all content posted to the Communications channels is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed in the Communications channels do not necessarily reflect the opinions of Zenjuries. While Zenjuries has no obligation to monitor the Communications channels for each user, Zenjuries shall have the right to remove any of your content and/or to terminate your access to and use of theCommunications channels should Zenjuries in its sole discretion consider your statements or conduct to be inaccurate, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms and Conditions or applicable law. You will not post any encryption source code or corresponding object code within any Communication channels or elsewhere in the ZenjuriesSoftware (including on this web app), unless such source code and object code has been classified by the United States Bureau of Industry and Security, is not the subject of “EI” controls, and it is otherwise lawful to post. You will not post any code, technology or other item that is subject to the UnitedStates International Traffic in Arms Regulations. By using the Communication thread, you certify that you are not from a country that is subject to a UnitedStates embargo and you will not use or post any information on the Zenjuries Software (including on this web app) for the proliferation of biological, chemical, nuclear or other weapons of mass destruction. No software, source code, technology, or encryption information or instructions may be provided via any “non-public” (i.e. password protected) Communication thread.
Accessing Zencare Communications
You agree that Zenjuries will not be liable, under any circumstances and in any way, for any errors, omissions, loss or damage of any kind incurred as a result of your use of the Zencare Communications or your use of any content posted thereon. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content. You agree not to harvest or otherwise collect information about others, including email addresses, or to use the Communications Channels or information obtained from the Communications Channels to send other users unsolicited email of any kind. The Communications Channels are provided for feedback and data archiving purposes only, and no content included therein is intended for other purposes. Zenjuries shall not be responsible or liable for the accuracy or availability of any information appearing or available on theCommunications Channels. Minor children are not eligible to use the Zenjuries Software(including this web app), and Zenjuries asks that they do not submit any personal information to this web app.
Posting to the Online Communications Channels
By posting your content, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use, and that such content is not confidential. If you are using the Communications Channels on behalf of your employer, you represent and warrant that you are authorized to accept theseTerms and Conditions on your employer's behalf, and that your employer agrees to indemnify you and Zenjuries for violations of these Terms and Conditions. By posting your content, you further represent and warrant that you have reviewed and are in compliance with all applicable policies of your employer and/or the entity or individual that owns or controls the content you are posting. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose. Zenjuries cautions you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc. Zenjuries reserves the right, in its sole discretion, to modify, to publish, or not to publish your content.
Use of Zenjuries Software
Any Zenjuries computer software which may be downloaded or is otherwise available from the ZenjuriesSoftware (including from this web app), unless otherwise expressly indicated, is licensed subject to either the written license agreement between you andZenjuries or the click-on license which you agree to at the time of download or use. Software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise. However, in the absence of a written license or a click-on license, your use of the Zenjuries Software will be subject to the following conditions:1) you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on this web app without Zenjuries' express prior written consent 2) you are granted a personal, non-exclusive license to use such software subject to the foregoing restriction 3) such software is subject to all terms in the Warranties and Disclaimers Section as set forth below; and4) except as expressly granted elsewhere, Zenjuries reserves all rights, title and interest in and relating to such software. This section does not apply to any Third-Party Materials available on this web app.
U.S. Government License Rights; Restricted Rights
Software and accompanying documentation are commercial computer software developed at private expense and are provided with RESTRICTED RIGHTS to the United States Government. Use, duplication or disclosure of the Software by the United States Government is subject to the license terms of this Agreement pursuant to, as applicable, FAR12.212, DFAR 227.7202-1(a), DFAR 227.7202-3(a) and DFAR 227.7202-4 and, to the extent required under U.S. federal law, the minimum restricted rights as set out in FAR 52.227-19 (DEC 2007). If FAR 52.227-19 is applicable, this provision serves as notice under clause (c) thereof and no other notice is required to be affixed to the Software or documentation. The Government's rights in Software and documentation shall be only those set forth in these Terms.
Warranties and Disclaimers
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND Zenjuries, ALL INFORMATION,SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL Zenjuries BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY,WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USEOF, THIS web app, THE SERVICES PROVIDED ON THIS web app, OR ANY OTHER HYPERLINKED web app.
IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS HELD TO BE UNLAWFUL, VOID, OR UNENFORCEABLE BY ANY COURT HAVING COMPETENT JURISDICTION, THEN SUCH PROVISION SHALL BE SEVERABLE WITHOUT AFFECTING THE ENFORCEABILITY OF ALL REMAINING PROVISIONS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
Indemnity
You agree to indemnify and hold Zenjuries and its affiliated companies harmless for any and all claims or demands, including reasonable attorneys' fees, that arise from or otherwise relate to your use of the Zenjuries Software (including this web app, and the services provided on this web app), any content you supply to this web app or otherwise to the Zenjuries Software, or your violation of these Terms andConditions or the rights of another.
Worldwide Availability
The information published on the Zenjuries Software (including this web app) may contain direct or indirect references to products, programs or services that may not be available worldwide. Such references should not be taken as an indication that said products, programs or services are available or will be made available in your country. You should contact your local sales for specific information on the products, programs and services available to you.
Third-Party Materials on This Web App
The Zenjuries Software(including this web app) may contain materials from third parties, including software in executable or source code form ("Third-Party Materials").Access, use, and download of all Third-Party Materials are subject to theWarranties and Disclaimers set forth above. Permission to use any Third-PartyMaterials beyond the uses outlined above or otherwise explicitly stated must be obtained directly from the respective owners. Unless expressly stated otherwise, Zenjuries does not provide technical support for any materials posted on, downloaded from, or linked to from this web app.
Copyright Complaints
Zenjuries respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Zenjuries of your claim of infringement by sending the following written information to Zenjuries' designated Copyright Agent:
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 this web app, including theURL and date on which the material was displayed;
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; and
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.
Links to Third-Party Web Apps
Any links to third-party web apps found within the Zenjuries Software (including this web app) are provided solely as an added convenience to you. Zenjuries has neither reviewed the contents of these third-party web apps nor does Zenjuries claim any responsibility for the content or suitability of these third-party web apps, andZenjuries makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the third-party web apps by Zenjuries or any association with their operators.
Unsolicited User Submissions
Neither Zenjuries nor any of its employees accept or consider unsolicited submissions of ideas of any kind from outside parties. Therefore, please do not send any unsolicited original materials, concepts or ideas to anyone at Zenjuries either through this web app or via any other means of communication. However, should you choose to ignore this request, please be advised that any unsolicited information or material sent to Zenjuries or any Zenjuries employee will be deemed NOT to be confidential. Your submission of any unsolicited information or material grants to Zenjuries an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material and any underlying intellectual property.
Governing Law and Jurisdiction
The Zenjuries Software(including this web app) is controlled by Zenjuries from its offices inAnderson, South Carolina, United States of America. All matters relating to your access to, or use of, this web app shall be governed by U.S. federal law or the laws of the State of South Carolina. Any legal action or proceeding relating to your access to, or use of, this web app shall be instituted in a state or federal court in South Carolina. You and Zenjuries agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Trademark Information
Zenjuries and all otherZenjuries Inc. product or service names are registered trademarks or trademarks of Zenjuries Inc. in the USA and other countries ® indicates USA registration. Adobe and the Acrobat logo are trademarks of Adobe Systems Incorporated.
Other brand and product names are trademarks of their respective companies.
Export Information and Compliance with Laws
United States export laws and regulations apply to the Zenjuries Software (including this web app) andZenjuries. You agree to comply with all such applicable restrictions and may not access, download, use, or otherwise export, re-export, import, or distribute the Zenjuries Software, or any web app content or any underlying information or technology except in full compliance with all laws and regulations of the United States and with those of any other country that may apply to the Zenjuries Software(including the web app) content. By accessing and downloading the ZenjuriesSoftware (including the web app) content, you agree to the foregoing and represent and warrant that (1) you are not a party to whom the United States prohibits access to the Zenjuries Software (including the web app) content (e.g.a listed or debarred individual or an individual involved in the proliferation of biological, chemical, nuclear or other weapons of mass destruction), (2) you are not located in, under control of, or a national or resident of any country to which export of the Zenjuries Software (including the web app) content (e.g.a country that is subject to a United States embargo), is restricted by laws of the United States or other applicable laws and regulations, and (3) you will not share the Zenjuries Software (including the web app) content with an individual whose status is described in (1) and/or (2) above. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the ZenjuriesSoftware (including the web app) content. Zenjuries, its subsidiaries, distributors and agents must export products in accordance with the laws and regulations of the United States.
Legal Contacts
If you have any questions concerning the usage or licensing of Zenjuries trademarks, questions regarding Zenjuries copyrighted materials or any other questions regarding these Terms and Conditions, contact the Zenjuries Legal Department by e-mail at info@zenjuries.com. Zenjuries is a private company devoted to the support and further development of its software and related services.
