Agreement to Terms
The Website contains a variety of information and resources including, but not limited to, product descriptions, text, images, photographs, documents, testimonials, logos, diagrams, reports, software, download areas, communication forums, Web Services Application Program Interface information (“APIs”), and other tools (collectively the “Materials”).
If you do not agree to these Terms, do not use the Website or any Materials contained therein.
You understand and agree that you are responsible for maintaining the confidentiality of your account passwords. You agree that you will be solely responsible to Zimit for all activities that occur under your account. You agree to notify Zimit immediately of any unauthorized use of, or other security breach related to, your account.
The Materials are protected by copyright, trademark, patent, and other applicable laws. No license or other rights are granted except as expressly stated in these Terms. Unless otherwise stated herein, you may use the Materials solely for informational and noncommercial purposes. Unless expressly authorized by Zimit or otherwise permitted by law, you may not copy, publish, display, distribute, alter or make derivative works of any Materials. You may not remove, alter, or obscure any proprietary notices on any Materials. Products mentioned in the Materials may not be generally available in your geographical country or region. Product descriptions are subject to change at Zimit’s discretion.
If you are a journalist, you may use all images available for download from the Zimit Media Resources websites in professional publications to highlight Zimit, its products and/or services.
You are entirely responsible for anything that you upload, post, display, or otherwise transmit to or via the Website, including, but not limited to, software code, articles, feedback, or suggestions (“Submission”). You agree that you own all rights in and to any Submission, or that you have obtained the necessary rights and/or permissions to make the Submission. Each Submission must comply with the applicable acceptable use policy.
You give Zimit, its affiliated companies and sublicensees a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Submission. Zimit is under no obligation to post or use any Submission, and Zimit may remove any Submission at any time in its sole discretion.
If you believe your copyrighted material has been posted on any Website without your permission, please see our Notice and Takedown Policy.
Zimit Web Services APIs
If APIs are available on the Website without a separate license agreement, Zimit hereby grants you a non-exclusive, non-sublicensable, non-transferable limited license to use the APIs exclusively for the benefit of Zimit Customers. You assume all liability as a result of any use of the APIs. Zimit makes no commitment to continued availability of APIs and you have no rights to version enhancement or support of any kind. Zimit may revise or cease to provide APIs without notice at any time in Zimit’s sole discretion. NOTWITHSTANDING THE FOREGOING, COPYING OR REPRODUCTION OF THE APIS FOR FURTHER REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Any software downloaded from the Website for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Zimit Inc., 700 W Hillsboro Blvd. Deerfield Beach, FL 33441
Zimit is not responsible for any third-party content or linked websites provided on the Website. The provision of any link does not imply Zimit’s endorsement of the website and is provided only as a convenience.
DISCLAIMER OF WARRANTY
USE OF THE WEBSITE AND OF ANY MATERIALS ARE AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED “AS IS”, WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. ZIMIT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, ZIMIT MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL ZIMIT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR USE OF THE MATERIALS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF ZIMIT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
These Terms govern your use of the Website and constitute the entire legal agreement between you and Zimit relating thereto. Additional or different terms, conditions, and notices may apply to specific components of Materials offered through the Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice. Zimit reserves all rights not expressly granted under these Terms, including intellectual property rights, and no other rights are granted under these Terms by implication or estoppel or otherwise. Zimit may update these Terms from time to time. Zimit will change the Last Updated date at the bottom of these Terms when it does so. It is your responsibility to check these Terms regularly. Zimit’s failure to enforce any legal right or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Zimit. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected. Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Broward County, Florida. You acknowledge that Zimit may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.
© 2020 Zimit, Inc. All rights reserved. Zimit and the Zimit logo are trademarks of Zimit, Inc, registered in the United States and elsewhere. All other brand and product names are trademarks or registered trademarks of their respective holders.
Last Updated: November 3, 2020