Terms of Use

TERMS OF USE
 

Use and Authorization

Please read these Terms and Conditions of Use (the “Terms”) carefully before using this Education Portal (the “Portal”). Your use of the Portal is subject to all of the terms and conditions of use which are set forth in detail below. By accessing or using the Portal, Zotec Partners, LLC (“Zotec”) grants you a limited license to access the Portal subject to the acceptance and compliance with the Terms.
 

The Portal is provided for the use of Zotec clients only.  IF YOU ARE NOT A ZOTEC CLIENT, YOU MUST TERMINATE YOUR USE OF THIS PORTAL IMMEDIATELY.
 

You also agree and acknowledge that from time to time the Portal may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs which may be undertaken from time to time, or (iii) causes which are beyond Zotec’s control or which are not reasonably foreseeable.
 

Rights and Ownership

All content included on the Portal, such as text, graphics, logos, images, and data, is the property of Zotec and is protected by United States and international copyright laws. Zotec retains all intellectual property rights of any kind or nature related in any manner to the Portal, including, but not limited to, all such rights related to the software, products, processes, workflows, services, designs, or logos. You acknowledge that Operator retains all right, interest and title in its intellectual property, and you agree not to contest those rights or engage in any conduct contrary to those rights. You agree not to reproduce, duplicate, copy, sell, resell, reverse engineer or exploit for any commercial purposes in any manner, any portion of the Portal, or use or access the Portal in any manner that is inconsistent with these Terms.
 

Disclaimer of Warranties and Limitation of Liability

The Portal has been made available for informational and educational purposes only.

THE PORTAL IS PROVIDED BY ZOTEC ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZOTEC MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PORTAL OR THE INFORMATION, CONTENT, OR DATA INCLUDED ON OR PROVIDED THROUGH THE PORTAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK.
 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZOTEC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZOTEC DOES NOT WARRANT THAT THE PORTAL, ITS SERVERS, OR E-MAIL SENT FROM ZOTEC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZOTEC IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PORTAL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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

 

Zotec assumes no responsibility, and is not liable for any damage to, or virus or other harmful code that may affect your computer equipment or other property based on your access to, or use of the Portal. This also applies to the downloading of any objects from the Portal.
 

Termination

You agree that Zotec, in its sole discretion, may terminate your access to the Portal or use of the Portal for any reason, including, without limitation, if Zotec believes that you have violated or acted inconsistently with the letter or spirit of the Terms. You agree that any termination of your access to the Portal under any provision of these Terms may be affected without prior notice and acknowledge and agree that Zotec may bar any further access to your account or the Portal. Further, you agree that Zotec shall not be liable to you or any third-party for any termination of your access to the Portal.

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Indemnification

You agree to indemnify and hold Zotec from any claims, demands, losses, damages, fees, or penalties, and the cost to investigate and defend same including reasonable attorneys’ fees, made by you, any federal or state agency, or any third party due to or arising out of the breach of these Terms by you or anyone accessing this Portal on your behalf.

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Right to Change the Terms and Conditions

The Terms may be updated by us from time to time without notice to you. Any changes to the Terms will be effective immediately upon posting of the charged terms and conditions on the Portal. You agree to review the Terms periodically, and your use of the Portal following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.

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General Terms

The Terms constitute the entire agreement between you and Zotec and governs your use of the Portal. The Terms and the relationship between you and Zotec shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. The failure of Zotec to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Zotec or any third party.

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