zepak corporation

TERMS of use

1.  INTRODUCTION

Welcome to the Zepak Corporation website (the “Site”). On this Site, Zepak Corporation (“Zepak”, “us,” “we,” “our”) makes available to you a range of information about our company, products and policies. Please review the following terms and conditions concerning your use of the Site (the “Terms of Use”). By accessing, using or downloading materials from this Site you agree to follow and be bound by these Terms of Use and our Standard Terms and Conditions of Sale (collectively, “Terms”).  If you do not agree with the Terms, you should not use, and are not permitted to use, the Site.

2.  CHANGES TO TERMS

Zepak reserves the right at its sole discretion to add, delete, change or modify any part of the Terms at any time without prior notification.  It is your responsibility to periodically check the Terms for any updates.  Please review the Terms periodically to ensure you are familiar with the current Terms.  By using this site, you agree to be bound by the most recently posted Terms.  In the event you do not consent to the updated Terms, you must discontinue use of our Site.

3.  AUTHORIZED USERS

Our Site is not intended for use by children or minors under the age of 18.  If you are using our Site on behalf of a company, organization, or entity, you are agreeing to the Terms on its behalf.

4.  LIMITATIONS ON USE

While using the Site, you may not perform any actions which could interfere with or otherwise adversely affect the proper functioning of the Site. Without limiting the generality of the foregoing, you may not: (a) use any robot, spider, scraper or other automated means to access our Site for any purpose without prior express written permission from Zepak; (b) take any action that imposes, or may impose, in Zepak’s sole discretion, an unreasonable or disproportionately large load on Zepak’s infrastructure; (c) bypass any measures Zepak may use to prevent or restrict access to the Site; (d) use the Site in violation of the Prohibited Content Policy (as defined below); or (e) use the Site to send altered, deceptive, or falsely-sourced information, including without limitation by forging Zepak packet headers or e-mail headers.

Zepak has the right, in its sole discretion, to change, modify or discontinue any page, feature or other component or element of the Site or the Zepak Content (as defined below) at any time, and for any reason or no reason, with or without prior notice to you. Zepak reserves the right to restrict your access to some or all of the Site at any time for any reason or no reason, with or without prior notice to you.  The Terms will apply to any upgrades, changes, or modifications to our Site or Zepak Content.

Any unauthorized or prohibited use of the Site or content may subject you to civil liability and criminal prosecution under applicable federal and state laws.

5.  USER SUBMISSIONS

As part of your use of the Site, you may be provided with the functional ability to post, submit, upload, embed, display, communicate or otherwise distribute text, data, graphics, external links or other materials (“User Content”).

You hereby grant Zepak a non-exclusive, transferable, royalty-free, sublicensable, irrevocable, perpetual, worldwide right and license to practice, exploit, make, use, reproduce, transmit, display, exhibit, disclose, index, comment on, modify, improve, create derivative works based upon, perform and distribute such User Content in connection with the operation, development, provision, and use of the Site and in connection with other products and services offered by Zepak.

By submitting User Content, or otherwise submitting content to the Site, you represent and warrant: (a) you own or otherwise have all necessary intellectual property rights to the User Content you provide and the use of such User Content you provide does not violate the Terms; (b) the User Content you provide is true, accurate, current and complete; (c) the User Content complies with our Prohibited Content Policy; and (d) the User Content will not cause damage or injury to any person or entity. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary right, or any other harm resulting from your User Content, whether or not it is ever used by Zepak.

While Zepak is under no obligation to monitor, refuse, move or remove any User Content that is posted by users or any other content that is available via the Site, Zepak reserves the right to do so in its sole discretion. Without limiting the foregoing, Zepak and its designees shall have the right to remove any User Content that violates the Terms or is otherwise objectionable to Zepak.

6.  PROHIBITED CONTENT

By using the Site, you agree that you will not post, submit, or otherwise distribute User Content that meets any of the criteria set out below (collectively, our “Prohibited Content Policy”).

Prohibited Content is content:

a)    That is false, inaccurate, or misleading;

b)    That infringes or otherwise violates any third party’s: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of publicity or privacy (specifically, you must not distribute any other person’s personal information of any kind without their express permission); or (iii) confidentiality obligation;

c)    That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) or that is itself illegal in any way;

d)    That is, or may reasonably be considered to be, offensive, such as profanities and expletives, or threatening or harassing to any individual or entity;

e)    That contains any computer viruses, worms or other potentially damaging computer programs or files;

f)      That manipulates headers or identifiers to disguise the origin of the content;

g)    That interferes with, or otherwise harms or violates the security of the Site, or any system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked websites;

h)    That contains link(s) to other websites that contain content that falls within the proscriptions set forth above; and

i)      That contains information you or a third party considers confidential.

We cannot and do not assure that other users are or will be complying with the Prohibited Content Policy or any other provisions of the Terms, and, as between you and Zepak, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

7.  INTELLECTUAL PROPERTY RIGHTS

Our Site, including without limitation, all software code, site architecture and design, interactive features and the appearance and arrangement of various Zepak Content (defined below), all trademarks, service marks and trade names used in connection with our Site, products, and services (the “Marks”) and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable elements, and the selection and arrangements thereof (collectively, “Zepak Content”) are the property of Zepak and/or its assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other intellectual property rights laws.

You may not download, store, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any Zepak Content, except as incidental to your accessing and viewing our Site.  Without limiting the generality of the foregoing, you agree not to: (a) sell, resell, lease or the functional equivalent, the Site or any Zepak Content to a third party; (b) attempt to reverse engineer the Site, the Zepak Content, or any component thereof; (c) attempt to create a substitute or similar service through the use of, or access to, the Site or the Zepak Content; or (d) attempt to create materials similar to the Zepak Content other than in connection with your use of the Site.  Except as otherwise provided in the Terms, you may not make any use of the Zepak Content, including without limitation the Marks, without the express prior written consent of Zepak.

YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS OR OTHER PROPRIETARY RIGHTS IN THE SITE,  ZEPAK CONTENT, OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY.  You agree not to take any action which could be considered inconsistent with or which is likely in any way to prejudice such ownership rights.

8.  COMMUNICATIONS WITH THIRD PARTY SITES

While using the Site, you may be introduced to, or may be able to access, websites, advertisements or information offered by other parties.  For example, another user may upload User Content that contains a link to a third-party website.  Such links are provided solely as a convenience to you and do not imply endorsement by Zepak of, or any affiliation with, or endorsement by, the owner of the linked website.  Zepak is not responsible for the actions or policies of such third parties and Zepak will not be liable for any goods, services, resources or content available through third-party dealings or communications, or for any harm related thereto.  Before clicking on a third-party webpage, providing information to such third party or otherwise entering into a transaction with such third party, you should carefully review that third party’s policies and practices and make sure you are comfortable with them.  Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

9.  PROVISION OF THE SITE

Zepak has no responsibility to provide you access to the Site.  Zepak reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, or your access thereto (including suspending or disabling your user account), with or without notice. You acknowledge and agree that Zepak shall not be liable to you for any modification, suspension or discontinuance of the Site, or your access thereto.

10.  GOVERNING LAW, JURISDICTION AND VENUE

The laws of the State of Oregon, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern these Terms.  To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Site must be instituted within six (6) months from the date upon which such claim or cause of action arose or accrued.  Further, any such claim or cause of action must EXCLUSIVELY be brought in the state or federal courts located in Eugene, Lane County, Oregon, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Oregon as your agent for service of process. You agree to waive any objection that the state or federal courts of Lane County, Oregon are an inconvenient forum.

11.  WARRANTIES AND DISCLAIMERS

YOUR USE OF THE SITE AND ZEPAK CONTENT IS AT YOUR OWN RISK. THE SITE AND ZEPAK CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  ALL MATERIALS AND INFORMATION ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES AND/OR INFORMATION DISPLAYED ON THIS SITE.  YOUR SOLE REMEDY FOR DISSATISFACTION OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR DISPLAY OF THIS SITE IS TO STOP USING AND/OR DISPLAYING THE SITE.

 THE INFORMATION CONTAINED ON THIS WEBSITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS.

 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZEPAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE AND ZEPAK CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

 ZEPAK HAS NO RESPONSIBILITY OR LIABILITY FOR: (a) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS OR STORE ANY USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE SITE; (b) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY; (c) USER CONTENT OR OTHER INFORMATION POSTED ON THE SITE BY THIRD PARTIES; OR (d) THE ACTIONS OF ANY THIRD PARTY.  THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTIES.  ZEPAK DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE.  ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

12.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CASES, ZEPAK’S LIABILITY TO YOU, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR A BREACH OF ZEPAK’S OBLIGATIONS UNDER THESE TERMS OF USE OR ZEPAK’S PRIVACY POLICY, OR FOR NEGLIGENCE, SHALL BE LIMITED TO $100.00 AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS THE SOLE AND EXCLUSIVE REMEDY. TO THE FULLEST EXTENT PERMITTED BY LAW, ZEPAK, ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, SERVANTS, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE ABOVE LIQUIDATED DAMAGES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE.

13.  INDEMNITY

You agree to indemnify, defend and hold harmless, Zepak, its suppliers, content providers, licensors, and their respective officers, directors, shareholders, employees, representatives, servants, contractors and agents from any and all claims and damages (including, without limitation, attorneys’ fees, expert witness fees, and court costs) arising from or relating to any allegation regarding: (a) your use of the Site; (b) Zepak’s use of any User Content you provide, as long as such use is not inconsistent with these Terms of Use; (c) User Content or other information posted or transmitted by you; and, (d) any violation of the Terms by you.

14.  PRIVACY

Your use of our Site and any information you provide to Zepak is governed by Zepak’s Privacy Policy which is incorporated herein by reference.

15.  ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zepak without restriction.

16.  MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zepak as a result of the Terms or your use of the Site.

A printed version of the Terms and of 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.

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent that the remaining provisions can be substantially applied within the original intent of these Terms of Use taken as a whole. Any court holding a provision to be invalid, illegal or unenforceable shall not render the offending provision void or unenforceable, but instead shall modify the provision to the minimum extent necessary to make the provision valid, legal, and enforceable.

Zepak’s failure to act with respect to a breach of these Terms of Use by you or others does not waive its right to act with respect to subsequent or similar breaches.

The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect.

In the event of the termination of these Terms of Use for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of content, the license(s) you have granted to Zepak, the limitation on liability, indemnity, and all other provisions for which survival is equitable or appropriate.

The Terms are the entire agreement between you and Zepak regarding the subject matter herein, and supersede any prior understandings or agreements, written or oral.

HOW TO CONTACT ZEPAK:

If you have any questions about the Terms, the Site, or to resolve a dispute, you can contact Zepak at:

Mail: 
Zepak Corporation

Attn: Website

9740 SW Hillman Crt

Wilsonville, OR 97070 

Email: info@zepak.com

Phone: 503-682-1248 

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